Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Whiting; Pacific Coast Groundfish Fishery Management Plan; Amendment 21-4; Catch Share Program, 5-Year Review, Follow-on Actions, 54561-54579 [2019-21894]
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules
requirements subject to the Paperwork
Reduction Act and would not impose
additional or new COI requirements.
The COI for the registration of
individuals under the MMPA has been
approved by the Office of Management
and Budget (OMB) under OMB control
number 0648–0293 (0.15 hours per
report for new registrants). The
requirement for reporting marine
mammal mortalities or injuries has been
approved by OMB under OMB control
number 0648–0292 (0.15 hours per
report). These estimates include the
time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the COI. Send comments regarding these
reporting burden estimates or any other
aspect of the COI, including suggestions
for reducing burden, to NMFS and OMB
(see ADDRESSES and SUPPLEMENTARY
INFORMATION).
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall a person be subject to a
penalty for failure to comply with a COI,
subject to the requirements of the
Paperwork Reduction Act, unless that
COI displays a currently valid OMB
control number.
This proposed rule has been
determined to be not significant for the
purposes of Executive Orders 12866 and
13563.
This rule is not expected to be an E.O.
13771 regulatory action because this
rule is not significant under E.O. 12866.
In accordance with the Companion
Manual for NOAA Administrative Order
(NAO) 216–6A, NMFS preliminarily
determined that publishing this
proposed LOF qualifies to be
categorically excluded from further
NEPA review, consistent with categories
of activities identified in Categorical
Exclusion G7 (‘‘Preparation of policy
directives, rules, regulations, and
guidelines of an administrative,
financial, legal, technical, or procedural
nature, or for which the environmental
effects are too broad, speculative or
conjectural to lend themselves to
meaningful analysis and will be subject
later to the NEPA process, either
collectively or on a case-by-case basis’’)
of the Companion Manual and we have
not identified any extraordinary
circumstances listed in Chapter 4 of the
Companion Manual for NAO 216–6A
that would preclude application of this
categorical exclusion. If NMFS takes a
management action, for example,
through the development of a TRP,
NMFS would first prepare an
Environmental Impact Statement or
Environmental Assessment, as required
under NEPA, specific to that action.
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This proposed rule would not affect
species listed as threatened or
endangered under the ESA or their
associated critical habitat. The impacts
of numerous fisheries have been
analyzed in various biological opinions,
and this proposed rule will not affect
the conclusions of those opinions. The
classification of fisheries on the LOF is
not considered to be a management
action that would adversely affect
threatened or endangered species. If
NMFS takes a management action, for
example, through the development of a
TRP, NMFS would consult under ESA
section 7 on that action.
This proposed rule would have no
adverse impacts on marine mammals
and may have a positive impact on
marine mammals by improving
knowledge of marine mammals and the
fisheries interacting with marine
mammals through information collected
from observer programs, stranding and
sighting data, or take reduction teams.
This proposed rule would not affect
the land or water uses or natural
resources of the coastal zone, as
specified under section 307 of the
Coastal Zone Management Act.
References
Bradford, A.L. 2018. Injury Determinations
for Marine Mammals Observed
Interacting with Hawaii and American
Samoa Longline Fisheries During 2015–
2016. NOAA Technical Memorandum
NMFS–PIFSC–70. 27 p.
Bradford, A.L. and K.A. Forney. 2017. Injury
Determinations for Marine Mammals
Observed Interacting with Hawaii and
American Samoa Longline Fisheries
2010–2014. NOAA Technical
Memorandum NMFS–PIFSC–62. 35 p.
Carretta, J.V., J.E. Moore, and K.A. Forney.
2019. Estimates of marine mammal, sea
turtle, and seabird bycatch from the
California large-mesh drift gillnet
fishery: 1990–2017. Draft reviewed by
the Pacific Scientific Review Group in
March, 2019. 76 p.
Carretta, J.V., K.A. Forney, E.M. Oleson, D.W.
Weller, A.R. Lang, J. Baker, M.M. Muto,
B. Hanson, A.J. Orr, H. Huber, M.S.
Lowry, J. Barlow, J.E. Moore, D. Lynch,
L. Carswell, and R.L. Brownell Jr. 2019a.
U.S. Pacific Marine Mammal Stock
Assessments: 2018. NOAA Technical
Memorandum NOAA–TM–NMFS–
SWFSC–617. 382 p.
Carretta, J.V., E. Oleson, K.A. Forney, J.
Baker, J.E. Moore, D.W. Weller, A.R.
Lang, M.M. Muto, B. Hanson, A.J. Orr, H.
Huber, M.S. Lowry, J. Barlow, D. Lynch,
L. Carswell, and R.L. Brownell Jr. 2018.
U.S. Pacific Marine Mammal Stock
Assessments: 2017. NOAA Technical
Memorandum NOAA–TM–NMFS–
SWFSC–602. 161 p.
Hayes, S.A., E. Josephson, K. Maze-Foley,
and P.E. Rosel, editors. 2019. U.S.
Atlantic and Gulf of Mexico Marine
Mammal Stocks Assessments, 2018.
PO 00000
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54561
NOAA Technical Memorandum NOAA
Technical Memorandum NMFS–NE–258.
306 p.
Jannot, J.E., K.A. Somers, V. Tuttle, J.
McVeigh, J.V. Carretta, and V. Helker.
2018. Observed and Estimated Marine
Mammal Bycatch in U.S. West Coast
Groundfish Fisheries, 2002–16. U.S.
Department of Commerce, NWFSC
Processed Report 2018–03. 45 p. https://
doi.org/10.25923/fkf8–0x49
U.S. Fish and Wildlife Service (USFWS).
2014. West Indian Manatee (Trichechus
manatus)—Florida stock assessment
report. Jacksonville, FL. 17 p. (Available
at https://www.fws.gov/ecologicalservices/es-library/pdfs/West-IndianManatee-FL-Final-SAR.pdf)
Waring, G.T., E. Josephson, K. Maze-Foley,
and P.E. Rosel, editors. 2016. U.S.
Atlantic and Gulf of Mexico Marine
Mammal Stocks Assessments, 2015.
NOAA Technical Memorandum NOAA–
NE–238. 512 p.
Dated: October 3, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019–22007 Filed 10–9–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 191001–0049]
RIN 0648–BI35
Magnuson-Stevens Act Provisions;
Fisheries off West Coast States;
Pacific Whiting; Pacific Coast
Groundfish Fishery Management Plan;
Amendment 21–4; Catch Share
Program, 5-Year Review, Follow-on
Actions
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes this measure
to enact a range of Follow-on Actions
identified in the course of conducting
the Pacific Coast Groundfish Trawl
Catch Share Program 5-Year Review.
These actions are intended to complete
outstanding elements of the Pacific
Coast Groundfish Trawl Catch Share
Program, respond to problems identified
after implementing the program, and
modify outdated regulations. This
action proposes regulations in
accordance with Amendment 21–4 to
SUMMARY:
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules
the Pacific Coast Groundfish Fishery
Management Plan, and would revise
elements in four areas of the Catch
Share Program.
DATES: Comments on this proposed rule
must be received no later than October
29, 2019.
ADDRESSES: You may submit comments
on this document, identified by NOAANMFS-2019-0106 by any of the
following methods:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190106, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
Mail: Colin Sayre, Sustainable
Fisheries Division, West Coast Region,
NMFS, 7600 Sand Point Way NE,
Seattle, WA 98115–0070.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic Access
This proposed rule is accessible via
the internet at the Office of the Federal
Register website at https://
www.federalregister.gov. Background
information and documents are
available at the NMFS West Coast
Region website at: https://
www.westcoast.fisheries.noaa.gov/
fisheries/groundfish/ and at
the Pacific Fishery Management
Council’s website at https://
www.pcouncil.org/groundfish/fisherymanagement-plan/groundfishamendments-in-development/.
FOR FURTHER INFORMATION CONTACT:
Colin Sayre, phone: 206–526–4656, or
email: colin.sayre@noaa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Summary of the Proposed Regulations
A. At-sea Whiting Fishery Set-Aside
Bycatch Management
B. Shorebased Individual Fishing Quota
(IFQ) Trawl Sector Quota Transfers
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C. Catcher Processor (C/P) Permit
Accumulation Limits
D. New Data Collections
1. C/P Endorsed Permit Ownership Interest
2. Quota Share Permit Owner Participation
and Economic Data
E. Clarifications to Cost Recovery
Regulatory Text
F. Technical Corrections
III. Classification
IV. Description of Regulated Entities
VI. Collection of Information Requirements
I. Background
The proposed action would complete
outstanding elements of the Pacific
Coast Groundfish Trawl Catch Share
Program (Catch Share Program), respond
to problems identified after Catch Share
Program implementation, and modify
outdated regulations. The proposed
measures would: Allow the at-sea
whiting sector to more fully and
efficiently harvest its allocation through
more flexible set-aside management of
constraining bycatch species; improve
utilization of Individual Fishing Quota
(IFQ) and overall economic efficiency
for the shorebased IFQ trawl sector;
ensure fair and equitable access to
resources in the event of at-sea Pacific
Whiting Catcher-Processor (C/P) coop
failure; and provide a more robust
evaluation of Catch Share Program
performance. This action also includes
clarifying non-substantive changes to
the regulatory language for the Cost
Recovery Program.
The Council deemed the proposed
regulations necessary and appropriate to
implement these actions in an August,
23rd, 2019, letter from Council
Executive Director, Chuck Tracy, to
Regional Administrator Barry Thom.
Under the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), NMFS is
required to publish proposed rules for
comment after preliminarily
determining whether they are consistent
with applicable law. We are seeking
comment on the proposed regulations in
this action and whether they are
consistent with the Pacific Coast
Groundfish Fishery Management Plan
(FMP), the Magnuson-Stevens Act and
its National Standards, and other
applicable law.
Pacific Coast Groundfish Trawl Catch
Share Program
On January 1, 2011, NMFS
implemented the Catch Share Program
through Amendment 20 and
Amendment 21 (75 FR 60867; October
1, 2010) to the Pacific Coast Groundfish
FMP. Amendment 20 established a
limited entry IFQ system for shorebased
trawl vessels and cooperatives for the atsea Pacific whiting mothership (MS)
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and C/P sectors. The intent of the Catch
Share Program was to increase net
economic benefits and create economic
stability for individual trawl fishery
participants, provide full utilization of
the trawl sector allocation, and achieve
individual accountability for catch and
bycatch in the Pacific Coast groundfish
fishery. Amendment 21 established
fixed allocations for limited entry trawl
participants. These allocations are
intended to improve management under
the Catch Share Program by
streamlining its administration,
providing stability to the fishery, and
addressing bycatch.
Catch Share Program 5-Year Review
Follow-On Actions
Section 303A of the MagnusonStevens Act requires periodic reviews of
limited access privilege programs
(LAPPs), such as the Catch Share
Program, starting five years after
implementation. This review provides
managers with information to determine
whether Catch Share Program outcomes
have been consistent with program goals
and objectives and expected
environmental impacts. Starting with
implementation of the Catch Share
Program in 2011, NMFS collected both
baseline and annual socioeconomic data
to judge the effectiveness of the Catch
Share Program for the 5-Year Review.
The Council approved the final version
of the first 5-Year Review at its
November 2017 meeting.
To aid in reviewing and refining the
Catch Share Program, the Council
appointed an ad hoc committee called
the Community Advisory Board (CAB)
at its September 2016 meeting. The CAB
provides the perspective of fishing
communities on Catch Share Program
performance, potential improvements,
and other advice the Council requests to
inform the program review. In May
2017, the CAB developed a list of issues
for the Council to consider for
rulemakings after completing the 5-Year
Review. At its June 2017 meeting, the
CAB provided the Council with a
priority list of follow-on actions from
which six were selected for further
development. The action issues the CAB
selected were: Meeting the at-sea
whiting fishery bycatch needs; trawl
sablefish area-management; revising
shoreside IFQ accumulation limits to
increase attainment; meeting shoreside
IFQ sector harvest complex needs;
setting limits on fixed-gear gear
switching; and setting C/P sector
accumulation limits on permit
ownership and harvesting/processing.
At its November 2017 meeting, in a
single package, called the ‘‘Follow-on
Actions,’’ the Council adopted the 5-
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Year Review document and provided
preliminary guidance for developing a
range of alternatives from a subset of the
action issues selected by the CAB, as
follows:
• Adjust the management approach
and FMP formulas for previouslyoverfished non-whiting stocks caught in
the at-sea Pacific whiting fishery;
• Revise individual species annual
quota pound (QP) vessel limits;
• Allow post-season QP trading and
provide post-season relief from vessel
QP limits;
• Eliminate the September 1
expiration for QP that have not been
moved to a vessel account;
• Establish accumulation limits for C/
P-endorsed permit ownership and
processing amount;
• Require the submission of C/Pendorsed permit ownership information
during the annual permit renewal
process; and
• Require Quota Share (QS) permit
owners to provide information on
ownership and participation to the
NMFS Northwest Fishery Science
Center Economic Data Collection
Program.
At its November 2017 meeting, the
Council decided to analyze alternatives
for a range of action issues identified for
follow-on action as part of 2019–2020
biennial Pacific Coast groundfish
harvest specifications (83 FR 66638;
December 27, 2018), and deferred
several others issues for consideration
in future groundfish actions. In March
2018, the CAB provided input and
recommendations as the Council
adopted a final range of alternatives to
be included in the follow-on actions for
analysis. At its September 2018 meeting,
the Council adopted preliminary
preferred alternatives for each issue
included in the Follow-on Action
package. The Council selected the final
preferred alternatives for the remaining
follow-on actions to be included in
Amendment 21–4 at its November 2018
meeting.
Concurrent with this proposed rule,
NMFS also published a Notice of
Availability to announce the proposed
Amendment 21–4 to the Pacific Coast
Groundfish FMP. The Notice of
Availability requests public review and
comment on proposed changes to the
Council FMP document (84 FR 45706;
August 30, 2019).
II. Summary of Proposed Regulations
A. At-Sea Whiting Fishery Set-Aside
Bycatch Management
The Pacific Coast groundfish FMP
accounts for non-whiting groundfish
bycatch in the at-sea Pacific whiting C/
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P and MS sectors in a number of
different ways. For most stocks, the
Council recommends an expected
annual bycatch level for the at-sea
Pacific whiting fishery, and deducts it
before allocating catch to the trawl
sector. These deductions, known as setasides, do not require closure of the atsea Pacific whiting sectors, nor do they
require any other management action if
catch exceeds the expected amount of a
set-aside. However, as a part of
Amendment 21, the Council set formal
allocations for four species, all of which
were overfished at the time. The
Council established allocations of these
stocks for the at-sea Pacific whiting
fishery in order to constrain catch. If
catch in the at-sea C/P sector or MS
sector exceeds the allocation for these
stocks, NMFS is required to
automatically close the sector. Canary
rockfish, widow rockfish, darkblotched
rockfish, and Pacific ocean perch (POP)
were managed as allocations for the atsea Pacific whiting fishery under
Amendment 21.
In the past five years, the at-sea
sectors have encountered these species
with greater frequency as stocks
increased under rebuilding efforts. In
October of 2014 the MS sector
experienced an unexpectedly large
bycatch of darkblotched rockfish in a
single haul that caused the sector to
exceed its allocation for this species.
The automatic closure provision in
regulations at 50 CFR 660.60(d)(1)
requires NMFS to close the at-sea
Pacific whiting MS or C/P sectors when
a non-whiting groundfish species with
allocations is reached or projected to be
reached. This early fishery closure left
a significant portion of the MS sector’s
Pacific whiting allocation unattained.
NMFS took inseason action to
reapportion darkblotched rockfish from
the C/P sector in order to reopen and
allow the MS sector to fully attain its
whiting allocation (79 FR 67095;
November 12, 2014).
In 2018 widow rockfish was
reapportioned from the MS cooperative
sector to the C/P cooperative sector to
avoid a fishery closure similar to the
one that occurred in 2014 (83 FR 5952;
September 15, 2018). In January 2018
the final rule for Amendment 21–3 (83
FR 757; January 8, 2018) converted
darkblotched rockfish and POP from
allocations to set-asides. Formulas in
the regulations at § 660.55(c)(1)(i)(A)
and (B) are used to determine set-aside
amounts of darkblotched rockfish and
POP. To ensure the action did not
increase the risk of exceeding
darkblotched rockfish or POP annual
catch limits (ACLs), the final rule for
Amendment 21–3 also added
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exceedance of the set-aside amount,
plus an available buffer reserve for
unforeseen catch events, to the list of
circumstances requiring automatic
closure for the at-sea sectors (MS and C/
P). In the 2019–20 biennial harvest
specifications and management
measures (December 12, 2018; 83 FR
63970), the Council recommended, and
NMFS approved, an action that removed
the requirement that NMFS
automatically close the at-sea sector if
the set-asides for darkblotched rockfish
or POP are exceeded. Amendment 21–
3 further increased the flexibility of atsea sectors to target their whiting
allocation and provided economic relief
from automatic fishery closures. Under
regulations at § 660.150(c)(2)(B) and
§ 660.160(c)(3) NMFS still has the
authority to take inseason action should
a sector’s catch of species exceed its setaside amount with risk of exceeding
harvest specifications, cause unforeseen
impact on another fishery, or result in
other conservation concerns.
In the at-sea Pacific whiting fishery,
bycatch of canary rockfish and widow
rockfish are currently managed as
allocations. Under this management
approach each at-sea sector receives
allocations of canary rockfish and
widow rockfish bycatch, and automatic
closure of an at-sea sector is required if
the allocation is exceeded. The amount
of canary rockfish bycatch available to
the at-sea sectors is determined and
allocated each biennium. The available
widow rockfish bycatch allocation is
determined using a set formula in the
groundfish FMP and regulations at
§ 660.55(c)(1)(i)(C).
This proposed action would remove
the allocations of widow rockfish and
canary rockfish and instead create setasides in the at-sea sectors, consistent
with set-aside management for POP and
darkblotched rockfish. This action
would also remove from the regulations
formulas used to determine set-aside or
allocation amounts for darkblotched
rockfish, POP, and widow rockfish, and
instead use the biennial specification
process to determine set-aside amounts
available to the at-sea Pacific whiting
sectors. The Council recommended
using the existing FMP formulas to
establish initial amounts in the biennial
harvest specifications and management
measure process. The status quo
methods for determining set-asides or
allocations available for harvest of these
rockfish species, and changes proposed
by Amendment 21–4 are provided in
Table 1.
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TABLE 1—CURRENT AND PROPOSED ALLOCATION AND MANAGEMENT MEASURES FOR BYCATCH ROCKFISH STOCKS IN THE
AT-SEA PACIFIC WHITING SECTORS
Status quo
management measures
Species
Status quo
allocation method
Canary
Rockfish.
Determined through
biennial harvest
specifications.
Allocation—Automatic closure
when fully harvested.
Darkblotched Rockfish.
FMP Formula: 9
percent or 25 mt,
whichever is
greater, of the
total limited entry
(LE) trawl allocation.
FMP Formula; 17
percent or 30 mt,
whichever is
greater, of the
total LE trawl allocation.
FMP Formula: 10
percent or 500 mt,
whichever is
greater, distributed proportional
to the sectors’ Pacific whiting allocation.
Set-aside—No action required if
catch exceeds
set-aside.
Pacific
Ocean
Perch
(POP).
Widow
Rockfish.
16:44 Oct 09, 2019
Proposed management measures
Set-aside amount based on expected
Pacific whiting fishery bycatch of this
species determined during biennial
harvest specifications process.
When set-aside is reached no action is
taken, the Council may choose to take
inseason action if there is a risk of a
harvest specification being exceeded,
unforeseen impact on other fisheries,
or conservation concerns.
Set-aside—No action required if
catch exceeds
set-aside.
Allocation—Automatic closure
when fully harvested.
Changing the method used to
determine set-asides from set formulas
to management through the biennial
specifications process would provide
greater flexibility to managers when
determining bycatch amounts for these
four rockfish species, allowing managers
to appropriately anticipate bycatch in
the at-sea whiting sector within the
process of setting biennial harvest
specifications and management
measures. As with previous changes to
bycatch management for the at-sea
Pacific whiting fishery, this action
would reduce the risk of constraining
attainment of the full at-sea sector
whiting allocation in the event that
bycatch limits of these rockfish species
are exceeded. Under the proposed setaside management, the sector would not
automatically close, and other
management measures would not be
required if bycatch of these species
exceeds set-aside amounts. If catch of
any of these four species exceeds the
set-aside and there is risk of exceeding
a harvest specification, unforeseen
impact on other fisheries, or
conservation concerns, NMFS and the
Council may take inseason action (e.g.,
time or area closures) to slow catch in
the trawl fishery. Currently, all other
non-whiting species in the Pacific
whiting fishery are managed as setasides with amounts set during the
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biennial specifications process.
Expected bycatch levels set during the
specification process are generally high
enough to cover maximum Pacific
whiting fishery bycatch each year
without risk to other harvest guidelines.
Set-aside amounts of darkblotched
rockfish and POP determined in the
2019–20 harvest specifications are
higher than have historically been
caught by the at-sea sector. In addition,
the biomass for both canary rockfish and
widow rockfish has increased greatly in
recent years as a result of rebuilding
efforts. Therefore, the Council
determined it is unlikely that catch in
the at-sea Pacific whiting sectors will
exceed set-asides for these four rockfish
species at a level that would result in
overfishing.
B. Shorebased IFQ Trawl Sector Quota
Transfers
The proposed measures would adjust
the quota trading provisions for
participants in the shorebased IFQ
sector. The changes would allow for
post-season quota trading, remove the
annual vessel limit for post-season
trades, and remove a quota transfer
deadline.
Currently, shorebased IFQ fishery
participants who have caught more than
their available QP for any stock or stock
complex during a given fishing year
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enter the following fishing year with
their vessel accounts in deficit.
Participants must cover deficits with the
following year’s QP allocation. In most
fishing years, there are remaining
unused QP available in other vessel
accounts at the end of the fishing year.
The proposed action would expand the
quota trading provision to allow
participants to cover deficits after the
end of the fishing year by either (1)
using QP from the immediately
following fishing year (status quo) or (2)
trading with other participants to
acquire surplus QP from the fishing year
in which the deficit occurred (base
year), or a combination of both methods.
After the end of the groundfish fishing
year on December 31st, QS permit
owners would be able to trade surplus
QP to QS permit owners with a deficit
of QP from the base fishing year during
a post-season transfer period. The postseason trading window would last from
January 1st until on or about March 14th
of the immediately following fishing
year; NMFS would provide fishery
participants advance notice of the dates
of the post-season trading window
through public notice. Surplus QP
traded during the post-season trading
window could only be transferable for
the purpose of curing vessel account
deficits, and would not be eligible for
fishing. For example, a QS permit owner
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starts the 2020 fishing year with 2,000
quota pounds of POP quota on January
1, and ends the year on December 31
with POP catch totaling 2,250 quota
pounds, accruing a deficit of 250 quota
pounds. The QS permit owner would be
able to choose to use 250 quota pounds
of their 2021 POP quota allocation to
cover the deficit, or to purchase unused
2020 POP quota left over from other QS
permit owners during the post-season
trading window; the QS permit owner
would also be able to choose a
combination of both of these options.
The post-season trading provision
interacts with existing carryover
provisions in regulations at
§ 660.140(e)(5). Surplus QP and QP
deficits at the end of a fishing year can
be carried-over to the following fishing
year. The surplus carryover limit is the
amount of surplus QP from the base
year that can be fished in the
immediately following fishing year.
Surplus QP carryover is limited to a
maximum of 10 percent of a QS permit
owner’s total allocation for a stock or
stock complex, provided that total
carryover for the stock or stock complex
does not exceed the ABC for the
following year, consistent with
provisions of the Magnuson-Stevens Act
National Standard 1 Guidelines. The
deficit carryover limit is the amount of
deficit QP that a vessel may carry into
the following fishing year without
violating the carryover regulations. The
deficit carryover limit is a maximum of
10 percent of a QS permit owners total
cumulative QP (used and unused) in the
vessel account 30 days after the date the
deficit is documented. Under the
current regulations, a QS permit owner
that has 25 percent of their total QP for
a given stock unused after December 31
may carryover and fish unused QP equal
to 10 percent of the base year’s total,
forgoing the remaining 15 percent from
the base year. There is no limit on the
amount of deficit QP that QS permit
owners carryover from the base year
into the following fishing year, and all
deficits require pound-for-pound
payback before the vessel is considered
eligible to fish in the shorebased IFQ
fishery in the following year. As an
example of the interaction between the
proposed post-season trading provision
and surplus carryover, a QS permit
owner with a QP surplus of 25 percent
for a given stock, rather than forgoing 15
percent of the surplus QP over the
carryover limit, may instead trade the
unused QP to another QS permit owner
with a deficit for the same given stock.
The trade described in this example
would occur during the post-season
trading window (January 1st to on or
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about March 14th of each year), and
prior to NMFS issuing carryover surplus
QP into the following year vessel
accounts. The carryover provisions for
QP surplus and deficits will remain in
place, allowing QS permit owners the
option to either conduct post-season
trading or use surplus carryover to
maximize opportunities to use surplus
QP and cover QP deficits.
An additional component of this
proposed action would also allow
vessels to cover end-of-the-year deficits
that exceed the annual vessel limit with
post-season QP trading, QP allocation
for the following fishing year, or a
combination, without restriction from
the annual QP vessel limit of the base
or following year. The Catch Share
Program initially included annual vessel
limits to ensure no individual or entity
acquired excess, or otherwise unfair
access, to fishing privileges. Deficits
exceeding the annual QP vessel limit
have occurred in the fishery when an
unexpectedly high bycatch event known
as a ‘‘lightning-strike’’ takes place.
These events are extremely rare and can
result from unpredictable and dense
congregations of a single bycatch
species in one area where trawling
occurs. Though infrequent, lightningstrike hauls over the annual QP vessel
limit can greatly impact the ability of
the affected QS permit owner to operate
in subsequent years. QS permit owners
are required to cover the QP deficits that
result from lighting strikes, but are also
constrained by the annual QP vessel
limit from the base fishing year. For this
reason, the QS permit owner must
forego fishing until they cover the QP
deficit with QP from the following
fishing year under the base year annual
QP vessel limit, in some cases over
multiple fishing years. This action
would allow QS permit owners with
deficits exceeding the annual QP vessel
limit to cover the deficit by trading postseason for available unused QP, or to
use their QP allocations from the
following fishing year to cure the
deficit. While QS permit owners would
no longer be limited by the annual
vessel QP limits in curing deficits, they
would violate the carryover regulations
if the deficit exceeds the deficit
carryover limit. Vessels affected by
lightning-strike hauls would have the
ability to cover deficits more easily, and
return to fishing in a shorter timeframe
under the proposed action.
Finally, this action would eliminate
the September 1st quota transfer
deadline for shorebased IFQ fishery
participants. Current regulations in
§ 660.140 (d) require QS permit owners
to transfer QP from a QS account to a
vessel account by September 1st. Each
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year, QS permit owners receive
disbursements of a percentage of the
total allocations for each IFQ stock or
stock complex directly to QS accounts.
This allocated percentage is expressed
in QPs and cannot be fished until the
QP is transferred to a vessel account.
Any unused QP that have not been
transferred from a QS account to a
vessel account expire September 1 of
the year they were issued. The proposed
action would make unused QP in QS
accounts available for transfer to a
vessel account, for trading and fishing,
until December 31st of the fishing year
for which they were issued. Under the
proposed action, unused QP would
remain in a QS account after January 1st
and would be available for transfer to a
vessel account for use in post-season
trading in the following year until the
end of the post-season trading period.
This proposed action would help
reduce the overall costs of participation
in the shorebased IFQ sector and ensure
the maximum amount of annual IFQ
allocations are used to harvest fish
rather than to cover the base year’s QP
deficits. The Council’s analysis of these
proposed measures did not indicate that
they are likely to encourage participants
to engage in fishing practices that
regularly exceed annual QP vessel
limits. Because QS permit owners are
still required to cover deficits poundfor-pound, fishing into deficit would
carry the cost of purchasing QP to cover
deficits the following fishing year.
C. Catcher Processor (C/P) Permit
Accumulation Limits
The proposed action would establish
a limit of five at-sea whiting C/P permits
that any individual or entity may own
or control in the event the C/P sector
cooperative fails. When developing a
limited access privilege program, the
Magnuson-Stevens Act requires that the
Council ‘‘ensure that limited access
privilege holders do not acquire an
excessive share of the total limited
access privileges in the program by—(i)
establishing a maximum share,
expressed as a percentage of the total
limited access privileges, that a limited
access privilege holder is permitted to
hold, acquire, or use; and (ii)
establishing any other limitations or
measures necessary to prevent an
inequitable concentration of limited
access privileges.’’ During
implementation of the Catch Share
Program, accumulation limits were
included for the shorebased IFQ sector
and the at-sea MS sector, to meet
requirements under Section
303A(c)(5)(D) of the Magnuson-Stevens
Act. However, no maximum share of
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limited access privileges in the C/P
sector was established.
At the time of the Catch Share
Program’s development, the C/P sector
had a single voluntary coop that divided
by agreement among coop members the
entire catch allocated to this sector. The
Council and NMFS decided that the
rationalization program adopted
through Amendment 20 would
incorporate the voluntary coop structure
already in place and require the annual
issuance of a coop permit for the
privilege of harvesting the allocated
catch in this particular sector. In the
event the coop failed in the future,
Amendment 20 provided for the
management of the CP sector with an
IFQ program. The previously existing
self-organized coop did not include
accumulation limits, and none were
added when the coop was incorporated
as a LAPP through Amendment 20.
During the Catch Share program 5year review, the Council discussed C/P
coop sector accumulation limits and
adopted a June 13, 2017, control date to
support future consideration of
accumulation limits (83 FR 18259; April
26, 2018). In this proposed action, an
accumulation limit of owning or
controlling a maximum of five C/Pendorsed permits would be applied to
the C/P sector only in the event that the
current C/P cooperative fails and NMFS
subsequently implements an IFQ system
for the C/P sector. NMFS will determine
that the cooperative has failed after any
C/P-endorsed permits owners withdraw
from the coop, one or more members
voluntarily choose to dissolve the coop,
or the coop agreement is no longer
valid. The designated coop manager is
required to notify NMFS of the failure,
or the Regional Administrator may
conduct an independent investigation to
determine whether coop failure has
occurred. Under the proposed action,
after receiving notification from the
coop manager or if NMFS has made an
independent determination of a coop
failure, NMFS will begin the process of
implementing an IFQ program for the atsea C/P sector. Through public notice,
NMFS will announce the date on which
an IFQ program will become effective
for the C/P sector. Before that date, a
publicly announced divestiture period
will be provided in which any entities
that control C/P-endorsed permits must
take action to comply with the C/P
accumulation limit. The proposed rule
for this action provides regulatory
language that sets forth criteria for the
purpose of determining ownership or
control a person or entity has over a
C/P endorsed permit. This language is
modeled after the regulatory language
currently applicable to the shorebased
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IFQ sector. After NMFS implements the
IFQ-based C/P fishery, no individual or
entity may own or control more than
five C/P-endorsed permits, and no
person or entity may own or control any
quota associated with permits in excess
of the five permit limit. Any individual
or entity found to own or control more
than five C/P-endorsed permits will be
required to divest ownership of any
excess permits following a divestiture
period. Upon determination of a coop
failure, a divestiture period will occur
starting with the date the coop failed
and ending on the date an IFQ program
is implemented for the C/P whiting
sector. Prior to the date an IFQ program
is implemented, there will be a
divestiture period during which any
person owning more than five C/Pendorsed permits will be required to
divest of excess permits. After the date
in which an IFQ program is
implemented, any C/P-endorsed permits
in excess of the accumulation limit may
be revoked by NMFS and associated QS
redistributed to other C/P-endorsed
permit owners.
The Council also considered whether
to limit the amount of at-sea whiting
allocation a single entity or individual
possessing a C/P permit could process
with the intent that no single entity
could process an excessive proportion
of the sector allocation for Pacific
whiting. After taking into account
analysis and public comments, the
Council selected the status quo (‘‘No
Action’’ alternative) as the final
preferred alternative for C/P processing
limits. Under the status quo, a single
entity may process up to 100 percent of
the C/P sector whiting allocation. This
decision was made to maintain the
flexibility that the coop system
provides. Currently three fishing
companies control the ten C/P endorsed
permits in the coop; if one company’s
vessels were unable to make it to the
fishing grounds, it is possible that a
processing limit could impede another
company’s harvest of fish on behalf of
the absent vessels, thereby restricting
full attainment of the at-sea sectors’
whiting allocation. The Council also
determined C/P permit accumulation
limits and conversion to IFQ system in
the event of coop failure would achieve
the same goal as processing
accumulation limits in the absence of
the cooperative management structure.
D. New Data Collections
1. C/P Endorsed Permit Ownership
Interest
The proposed action would establish
a data collection for C/P permit owners.
The Catch Share Program requires
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mandatory submission of ownership
information from catcher vessels and
MS vessels at the time of permit
application or renewal. The data
collection, known as the Trawl
Identification of Ownership Interest
form, helps NMFS enforce accumulation
limits and ensures no individual or
entity obtains excessive limited access
privileges. When the Catch Share
Program was established, it did not
include an accumulation limit and
consequently did not require a
collection of ownership information.
This action would establish a
requirement for the at-sea whiting C/P
sector permit owners to complete the
Trawl Identification of Ownership
Interest form annually during C/P
endorsed permit renewal.
The form is used to collect basic trawl
vessel or permit owner information,
such as vessel name, permit number,
owner name and legal address, and the
names and addresses of other
individuals and entities that have an
ownership interest and percentage of
ownership for the vessel or permit. This
proposed rule would also support future
consideration by the Council in the
event accumulation limits are required
for the at-sea C/P sector as described in
Section C of this preamble.
2. Quota Share Permit Owner
Participation and Economic Data
The proposed action would establish
an economic data collection for quota
share (QS) permit owners. Currently,
any owners, charterers, or lessees of any
vessel, shorebased processor, and first
receiver sites participating in the Catch
Share Program are required to submit
annual Economic Data Collection (EDC)
forms. The information collected
through EDC forms includes but is not
limited to annual data related to costs,
earnings, value, labor, operations,
physical characteristics, ownership and
leasing information for vessels, first
receiver sites or processors. The EDC
forms also include questions related to
costs and earnings from quota trading
(including sales and leases) and the
pattern of owner participation in the
fishery. However, these forms do not
currently collect information from QS
permit owners who are not also owners,
charterers or lessees of vessels,
shorebased processors, or first receiver
sites.
Some participants in the Catch Share
Program owned a vessel in the past, and
received an allocation of IFQ and
associated QS permit when the program
was first implemented in 2011, but have
since sold their vessel while retaining
their QS permit. Reducing the number
of active vessels was one of the intended
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outcomes of rationalizing the trawl
fishery under the Catch Share Program,
and the Council anticipated that some
participants would own and trade
quota, but not actively fish or process
catch. The Catch Share Program was
designed to provide historic fishery
participants who exited the fishery
continued benefits through QS
ownership. The existing EDC form was
designed to collect detailed economic
data on only active fishery participation
associated with vessel, processor, or
first receiver ownership; the same level
of economic and participation data is
not currently collected from the
category of QS permit owner that does
not also own or operate a vessel or
shorebased processor/first receiver.
Because historic fishery participants are
not required to complete an EDC form,
the Council and NMFS lack knowledge
about how economic benefits from these
inactive or non-fishing permit owners
impact fishing communities.
This action would create a mandatory
requirement for all categories of QS
permit owners to complete an EDC
Quota Share Permit Owner urvey form
that collects information related to QS
permit owner annual participation in
the fishery, and costs and earnings
related to QS permit ownership. This
survey will be collected electronically
via webform during the online QS
permit application and renewal process.
Information collected on this survey
will provide NMFS and the Council
with better understanding of Catch
Share Program performance, economic
costs and benefits conferred to fishery
dependent communities. Better
evaluation of program performance will
support the sustained fishing
community participation in the Catch
Share Program, and to the extent
practicable, minimize adverse economic
impacts on fishing communities.
E. Clarifications to Cost Recovery
Regulatory Text
On March 20, 2014, NMFS published
a Public Notice (NMFS–SEA–14–12)
discussing two clarifications to the
Pacific Coast Groundfish Trawl
Rationalization Cost Recovery Program
that went into effect in January 2014 (78
FR 75268; December 11, 2013). This
proposed rule would implement
regulatory language necessary to reflect
these two program clarifications. The
first proposed adjustment clarifies that
the deposit principal may be used to
refund cost recovery payments made by
credit card through Pay.gov. The second
proposed clarification specifies that in
the C/P sector only retained fish, and
not discards, are used in calculating ex-
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vessel revenue as it relates to
determining cost recovery fees.
F. Technical Corrections
In addition to proposed regulatory
changes to implement the Council’s
recommendations, this rule also
proposes minor technical corrections.
Specifically, these minor technical
corrections remove obsolete baseline
dates that were included during
implementation of the Catch Share
Program, such as the years when initial
trawl allocations were issued, the first
date on which quota transfers were
permitted, and the dates when
economic data collections were
initiated.
Correction and Clarification for the
Amendment 21–4 Notice of Availability
NMFS is making the following
correction and clarification to text
published in the Notice of Availability
(NOA) on August 30, 2019 (84 CFR
45706). On page 45708 of the NOA,
language stating ‘‘The proposed FMP
amendment is intended to allow the
Council increased flexibility to adjust
bycatch limits inseason for the at-sea
whiting sectors . . .’’ should omit the
word ‘‘inseason’’, because the Council
does not adjust set-asides through
inseason action. The Council can adjust
set-asides during each biennial harvest
specification cycle, as described earlier
in the same paragraph in the NOA and
also in this preamble in section II, A,
‘‘At-sea Whiting Fishery Set-Aside
Bycatch Management.’’
We are also clarifying the meaning of
the language on page 45708 of the NOA
that describes Quota Share permit
owners who would be responsible for
completing EDC forms under the
proposed rule. Following is the NOA
language, as clarified, with additional
language noted in italics: ‘‘The proposed
action would also require all Quota
Share permit owners, including those
that do not also own charter or lease a
vessel, shorebased processor or first
receiver site to submit participation and
quota cost/earning information through
a subset of the Catch Share Economic
Data Collection program.’’
III. Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has made a
preliminary determination that this
proposed rule is consistent with the
Pacific Coast Groundfish FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law. In
making the final determination, NMFS
will consider the data, views, and
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comments received during the public
comment period.
The Office of Management and Budget
has determined that this proposed rule
is not significant for purposes of
Executive Order 12866.
An initial regulatory flexibility
analysis (IRFA) was prepared, as
required by section 603 of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 603). The IRFA describes the
economic impact this proposed rule, if
adopted, would have on small entities.
A description of the action, why it is
being considered, and the legal basis for
this action is contained in the SUMMARY
section and at the beginning of the
SUPPLEMENTARY INFORMATION section of
the preamble. A summary of the
analysis follows. A copy of this analysis
is available from NMFS (see
ADDRESSES).
The RFA (5 U.S.C. 601 et seq.)
requires government agencies to assess
the effects that regulatory alternatives
would have on small entities, defined as
any business/organization
independently owned and operated, not
dominant in its field of operation
(including its affiliates). A small
harvesting business has combined
annual receipts of $11 million 1 or less
for all affiliated operations worldwide.
A small fish-processing business is
one that employs 750 or fewer persons
for all affiliated operations worldwide.
NMFS is applying this standard to C/Ps
for the purposes of this rulemaking,
because these vessels earn the majority
of their revenue from selling processed
fish.
For marinas and charter/party boats,
a small business is one that has annual
receipts not in excess of $7.5 million. A
wholesale business servicing the fishing
industry is a small business if it
employs 100 or fewer persons on a
full-time, part-time, temporary, or other
basis, at all its affiliated operations
worldwide.
For the purposes of this rulemaking,
a nonprofit organization is determined
to be ‘‘not dominant in its field of
1 On December 29, 2015, the National Marine
Fisheries Service (NMFS) issued a final rule
establishing a small business size standard of $11
million in annual gross receipts for all businesses
primarily engaged in the commercial fishing
industry (NAICS 11411) for Regulatory Flexibility
Act (RFA) compliance purposes only (80 FR 81194,
December 29, 2015; codified at 50 CFR 200.2). The
$11 million standard became effective on July 1,
2016, and after that date it is to be used in all NMFS
rules subject to the RFA. Id. at 81194. This NMFS
rule is to be used in place of the U.S. Small
Business Administration’s (SBA) current standards
of $20.5 million, $5.5 million, and $7.5 million for
the finfish (NAICS 114111), shellfish (NAICS
114112), and other marine fishing (NAICS 114119)
sectors of the U.S. commercial fishing industry,
respectively.
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operation’’ if it is considered small
under one of the following SBA size
standards: Environmental, conservation,
or professional organizations are
considered small if they have combined
annual receipts of $15 million or less,
and other organizations are considered
small if they have combined annual
receipts of $7.5 million or less. The RFA
defines small governmental
jurisdictions as governments of cities,
counties, towns, townships, villages,
school districts, or special districts with
populations of less than 50,000.
When an agency proposes regulations,
the RFA requires the agency to prepare
and make available for public comment
an IRFA that describes the impact on
small businesses, non-profit enterprises,
local governments, and other small
entities. The IRFA is to aid the agency
in considering all reasonable regulatory
alternatives that would minimize the
economic impact on affected small
entities.
Description of the Reasons Why Action
by the Agency Is Being Considered
This action proposes changes to the
Catch Share Program intended to
complete outstanding elements of the
program, respond to problems identified
after implementing the program, and
modify outdated regulations. A
complete description of the action, why
it is being considered, and the legal
basis for this action are contained in
Amendment 21–4, and elsewhere in the
preamble to this proposed rule, and are
not repeated here.
Description and Estimate of the Number
of Small Entities to Which the Rule
Applies, and Estimate of Economic
Impacts by Entity Size and Industry
For the purpose of the RFA analysis,
this proposed rule will impact entities
that own quota share permits and
entities that both process and harvest
groundfish. For RFA purposes NMFS
classifies a business primarily engaged
in commercial fishing (NAICS code
11411) as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
combined annual receipts not in excess
of $11 million for all its affiliated
operations worldwide. Based on the
holdings of first receiver permits in the
West Coast Region permits database, 22
non-whiting quota share permit owners
are estimated to be primarily engaged in
seafood product preparation and
packaging. According to the NMFS size
standard, three of the entities that own
three first receiver permits are
considered small. These small
processing entities were issued 1.7
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percent of the non-whiting QP issued in
2018, the most recent year available.
Some of these small processing entities
also own groundfish permits, required
on both catcher vessels and C/Ps, which
would be regulated by the proposed
rule; three small entities primarily
engaged in seafood processing own two
limited entry groundfish permits.
Limited entry groundfish permit
vessels are required to self-report size
across all affiliated entities. Of the
businesses that earn the majority of their
revenue from commercial fishing, 30
groundfish vessel permits are owned by
seven entities that are considered large
according to the SBA size standard and
as self-reported on groundfish permits
and first receiver site license permits.
Six of these seven large processing
entities were issued 10.2 percent of the
non-whiting QP issued in 2018 across
sixteen quota share permits.
Entities that are not registered as
trusts, estates, governments, or nonprofits are assumed to earn the majority
of their revenue from commercial
fishing.This definition is used for 124
QS permit owners, who collectively
received 76.5 percent of the quota
pounds issued in 2018. Of 118 trawl
endorsed permits, 117 are owned by
commercial fishing entities in 2019; 5 of
these entities self-reported as large. Of
the businesses who earn the majority of
their revenue from commercial fishing,
one that self-reported as large, owns
four groundfish permits and one quota
share permit. Many groundfish trawl
permit owners also own quota share
permits; however, it is not possible with
available data to tabulate unique
ownership across quota share permits
and groundfish permits, so the numbers
provided likely represent the maximum
number of entities impacted.
The RFA recognizes and defines a
small governmental jurisdiction as any
government or district with a
population of less than 50,000 persons.
According to the public IFQ Account
database as of June 19, 2018, the City of
Monterey owns quota shares of ten
species. The U.S. Census estimates the
population of Monterey to be 28,454 as
of July 1, 2017, so the City of Monterey
would be considered a small
governmental jurisdiction under the
RFA definition. The City of Monterey
received 0.5 percent of the quota
pounds issued for 2018, according to the
public IFQ Account database.
According to the public IFQ Account
database, six not-for-profit organizations
own quota share in the Catch Share
Program and would be impacted by this
proposed rule. The RFA defines a small
organization as any not-for-profit
enterprise that is independently owned
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and operated and not dominant in its
field. NMFS uses the SBA size
standards to determine whether a notfor-profit organization is a ‘‘small
organization.’’ By SBA size standards, a
small organization has combined annual
receipts of $15 million or less for
environmental, conservation, or
professional organizations, and $7.5
million or less for other organizations.
Five of these not-for-profit
organizations would be considered
small by the RFA definition and the
SBA size standard, using 2016 annual
receipts of $120–500 thousand dollars,
as reported on IRS form 990. One notfor-profit organization self-reported as
large, based on fiscal year 2017 receipts
of $1.1 billion. Collectively, the five
small not-for-profit organizations
received 7.2 percent of the non-whiting
quota pounds issued in 2018 (issued
annually through a separate rulemaking
process) and the large not-for-profit
organization received 0.5 percent. The
large not-for-profit organization also
owned two limited entry trawl permits
that would be impacted by the
management measures of the rule. The
small not-for-profits owned 3 permits.
Finally, 11 personal or family trusts/
estates owned quota share permits and
would potentially be impacted by the
trawl sector allocation under this
proposed rule. All of these are assumed
to be smaller than the RFA size
standard. Collectively, these eight small
entities received 4.2 percent of the nonwhiting quota pounds issued for 2018.
Five of these entities owned five
groundfish permits.
This action is expected to have a
significant economic impact on a
substantial number of small entities;
however, the effects on the regulated
small entities identified in this analysis
are expected to range from neutral to
positive. Under the proposed action,
small entities would not be placed at a
competitive disadvantage relative to
large entities, and the regulations would
not reduce the profits for any small
entities. An initial regulatory flexibility
analysis was prepared to support this
conclusion.
Description of Record-Keeping, and
Reporting, Requirements of This
Proposed Rule
This proposed rule would require
modifications to current recordkeeping
and reporting requirements for two
information collections. Under the
Pacific Coast Groundfish Trawl
Rationalization Program Permit and
License Information Collection (OMB
Control Number 0648–0620) C/Pendorsed permit owners would be
required by the proposed rule to submit
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annual ownership interest information
via the Trawl Identification of
Ownership Interest form. Under the
West Coast Groundfish Trawl Economic
Data Collection (OMB Control Number
0648–0618) a new Quota Share Permit
Owner survey form would be
implemented by this proposed rule, and
all owners of a quota share permit
would be required to submit the
completed form annually. A description
of the revision for the two existing
information collection requirements
follows.
C/P Endorsed Permit Ownership
Interest Form
The modifications would require C/P
endorsed permit owners to complete
Trawl Owner Identification of Interest
forms during annual permit renewal
under OMB Control Number 0648–0620.
Currently there are 10 C/P endorsed
permits approved by NMFS in the Catch
Share program. These permits are held
by three companies with no single
company owning more than five
permits. As each company is a
controlling entity, three is the minimum
number of affected entities that would
be expected to require submission of
one Trawl Identification of Ownership
Interest form for each C/P endorsed
permit. The requested change in
information collection would require
from C/P permit owners the same level
of ownership interest identification as
required of mothership and catcher
vessel permit owners. The current
cooperative structure of the C/P sector
helps to ensure no single entity acquires
excessive privilege in the sector.
However, in the event of a coop failure,
it would be necessary to set
accumulation limits, which would
require NMFS to track ownership
interest in C/P endorsed permits.
Additionally, NMFS does not anticipate
any new fishery entrants will apply for
C/P endorsed permits, nor will NMFS
approve any new C/P endorsed permits.
Economic Data Collection From Quota
Share Permit Owners
The proposed action would require
changes to the Catch Share Program
Economic Data Collection OMB Control
Number 0648–0618. The proposed rule
would change reporting requirements
for owners of quota share permits to
submit information to the Catch Share
Program Economic Data Collection
(EDC) Program. Participants in the Catch
Share Program who own, lease or
charter vessels, shorebased processors,
or first receiver sites are required to
submit annual economic data to the
EDC Program through survey forms
corresponding to these characteristics of
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participation. The EDC Program
currently does not require submission of
forms from quota share permit owners
who do not also own, lease or charter
vessels, shorebased processors, or first
receiver sites. The proposed rule would
add a requirement for submission of
EDC forms from all participants who
own a quota share permit, including
those who do not otherwise participate
in the fishery other than by owning a
quota share permit. Quota share permit
owners will submit this form
electronically via webform during the
annual quota share account application
and renewal process. The proposed
submission deadline for the Quota
Share Permit Owner survey will be
November 30th in order to align with
other quota share account application
and renewal materials, rather than
September 1st, as is required for other
EDC forms.
Federal Rules Which May Duplicate,
Overlap, or Conflict With This Proposed
Rule
The proposed action does not
duplicate, overlap, or conflict with any
other Federal rules.
Description of Significant Alternatives
to the Proposed Action Which
Accomplish the Stated Objectives of
Applicable Statutes and Which
Minimize Any Significant Economic
Impact on Small Entities
This rule is not expected to result in
adverse impacts to small entities. Thus,
there are no significant alternatives to
the proposed rule that would minimize
adverse economic impacts on small
entities. The Council did consider
alternatives to the proposed rule which
would have had a lower level of benefits
to small entities; however, the Council
did not consider alternatives that would
have had greater benefits to small
entities, as these would not have been
consistent with other applicable laws.
Paperwork Reduction Act (PRA)
Collection-of-Information Requirements
This action contains a revision of two
existing information collection
requirements, which have previously
been approved by the Office of
Management and Budget (OMB). The
changes under this proposed rule are
subject to review and approval by OMB.
NMFS has submitted these requirements
to OMB for approval under Control
Number 0648–0620 Pacific Coast
Groundfish Trawl Rationalization
Program Permit and License Information
Collection, and under Control Number
0648–0618 West Coast Groundfish
Trawl Economic Data Collection.
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Under this proposed rule,
modifications to OMB Control Number
0648–0620 would require completion of
the Trawl Identification of Ownership
Interest form by three different fishing
companies that own the 10 at-sea Pacific
Whiting C/P-endorsed limited entry
permits. The public reporting burden is
expected to require approximately 3.5
minutes to complete each form once per
year during C/P-endorsed permit
renewal. In the first year, respondents
may require more time to complete the
forms, requiring a one-time estimate of
45 minutes per form for a total annual
burden increase of 7.5 hours in the first
year, and 35 minutes in following years.
The total copy costs per form under this
collection would be $0.35, for a total
increase of $3.5 to annual public burden
costs.
Based on 2018 data from EDC
responses and the public QS permit
database, the public reporting burden
for the change in requirement under
Control Number 0648–0618 is expected
to include approximately 178 Quota
Share permit owners. The new reporting
requirement would add to the EDC
collection approximately 73 new
respondents who are QS permit owners,
who are not also owners, charterers, or
lessees of vessels, or processors and
other first receiver sites, and as a result
have not previously completed EDC
forms. Current burden time estimates for
the EDC are approximately 8 hours per
year and include questions relating to
both QS permit ownership and vessel
operations. The new form would collect
more detailed QS permit ownership
information than in prior years,
increasing the total public burden
hours. The new QS Permit owner survey
is expected to take approximately 1
hour, once per year, for all 178
respondents to complete, adding 178
hours to the total (for an increase from
2,224 hours to 2,402 hours) These forms
would be collected electronically during
the QS permit renewal process, thereby
reducing the mailing costs to
respondents. Respondents would be
asked to retain a copy of the survey for
their records (at $0.20 per survey), and
would increase total costs by $36 (from
$4,120 to $4,156).
Public comment is sought regarding:
Whether the proposed collection of
information requirements are necessary
for the proper performance of the
agency, including whether the
information shall have practical utility;
the accuracy of the burden statement;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collected information,
including through the use of automated
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collection techniques or other forms of
information technology. Send comments
on these or any other aspects of the
collection of information, to NMFS (see
ADDRESSES), and by email to OIRA_
Submission@omb.eop.gov or fax to 202–
395–5806.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to penalty for failure to comply
with, a collection of information subject
to the requirement of the PRA, unless
that collection of information displays a
currently valid OMB control number.
All currently approved NOAA
collections of information may be
viewed at: https://www.cio.noaa.gov/
services_programs/prasubs.html.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indians.
Dated: October 2, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 660 is proposed
to be amended as follows:
PART 660–-FISHERIES OFF WEST
COAST STATES
1. 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.
2. In § 660.55:
a. Revise paragraphs (a), (c)(1), (d),
and (j), and
■ b. Remove and reserve paragraph
(f)(2).
The revisions read as follows:
■
■
§ 660.55
Allocations.
(a) General. The opportunity to
harvest Pacific Coast groundfish is
allocated among participants in the
fishery when the ACLs for a given year
are established in the biennial harvest
specifications. For any stock that has
been declared overfished, any formal
allocation may be temporarily revised
for the duration of the rebuilding
period. For certain species, primarily
trawl-dominant species, separate
allocations for the trawl and nontrawl
fishery (which for this purpose includes
limited entry fixed gear, directed open
access, and recreational fisheries) will
be established biennially or annually
using the standards and procedures
described in Chapter 6 of the PCGFMP.
Chapter 6 of the PCGFMP provides the
allocation structure and percentages for
species allocated between the trawl and
nontrawl fisheries. Also, for those
species not subject to the trawl and
nontrawl allocations specified under
Amendment 21 and in paragraph (c)(1)
of this section, separate allocations for
the limited entry and open access
fisheries may be established using the
procedures described in Chapters 6 and
11 of the PCGFMP and this subpart.
Allocation of sablefish north of 36° N lat
is described in paragraph (h) of this
section and in the PCGFMP. Allocation
of Pacific whiting is described in
paragraph (i) of this section and in the
PCGFMP. Allocation of black rockfish is
described in paragraph (l) of this
section. Allocation of Pacific halibut
bycatch is described in paragraph (m) of
this section. Allocations not specified in
the PCGFMP are established in
regulation through the biennial harvest
specifications and are listed in Tables 1
a through d and Tables 2 a through d of
this subpart.
*
*
*
*
*
(c) * * * (1) Species/species groups
and areas allocated between the trawl
and non-trawl fisheries are allocated
based on the amounts and percentages
in the table below. IFQ species not
listed in the table below are allocated
between the trawl and nontrawl
fisheries through the biennial harvest
specifications process.
ALLOCATION AMOUNTS AND PERCENTAGES FOR LIMITED ENTRY TRAWL AND NON-TRAWL SECTORS SPECIFIED FOR FMP
GROUNDFISH STOCKS AND STOCK COMPLEXES
All non-treaty LE trawl sectors
(percent)
Stock or complex
Lingcod ....................................................................................................
Pacific Cod ..............................................................................................
Sablefish S. of 36° N lat ..........................................................................
PACIFIC OCEAN PERCH .......................................................................
WIDOW ...................................................................................................
Chilipepper S. of 40°10′ N lat .................................................................
Splitnose S. of 40°10′ N lat .....................................................................
Yellowtail N. of 40°10′ N lat ....................................................................
Shortspine N. of 34°27′ N lat ..................................................................
Shortspine S. of 34°27′ N lat ..................................................................
Longspine N. of 34°27′ N lat ...................................................................
DARKBLOTCHED ...................................................................................
Minor Slope RF North of 40°10′ N lat .....................................................
Minor Slope RF South of 40°10′ N lat ....................................................
Dover Sole ...............................................................................................
English Sole ............................................................................................
Petrale Sole .............................................................................................
Arrowtooth Flounder ................................................................................
Starry Flounder ........................................................................................
Other Flatfish ...........................................................................................
(i) Trawl fishery allocation. The
allocation for the limited entry trawl
fishery is derived by applying the trawl
allocation amounts and percentages as
specified in paragraph (c) of this section
and as specified during the biennial
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95
42
95
91
75
95
88
95
50
95
95
81
63
95
95
95
95
50
90
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
mt ..............................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
...................................................
harvest specifications process to the
fishery harvest guideline for species/
species groups and areas. For IFQ
species the trawl allocation is further
subdivided within each of the trawl
sectors (MS, C/P, and IFQ) as specified
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Fmt 4702
All non-treaty non-trawl sectors
(percent)
Sfmt 4702
55.
5.
58.
5.
9.
25.
5.
12.
5.
Remaining Yield.
5.
5.
18.
37.
5.
5.
5.
5.
50.
10.
in § 660.140, 660.150, and 660.160 of
subpart D. The whiting allocation is
further subdivided among the trawl
sectors as specified in paragraph (c)(1)(i)
of this section.
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(ii) Nontrawl fishery allocation. For
each species/species group and area, the
nontrawl fishery allocation is derived by
subtracting from the corresponding
harvest guideline the trawl allocations
specified in paragraph (c) of this section
and during the biennial harvest
specifications The nontrawl allocation
will be shared between the limited entry
fixed gear, open access, and recreational
fisheries as specified through the
biennial harvest specifications process
and consistent with allocations in the
PCGFMP.
*
*
*
*
*
(d) Commercial harvest guidelines. To
derive the commercial harvest
guideline, the fishery harvest guideline
is further reduced by the recreational
set-asides. The commercial harvest
guideline is then allocated between the
limited entry fishery (both trawl and
fixed gear) and the directed open access
fishery, as appropriate.
*
*
*
*
*
(j) Fishery set-asides. Annual setasides are not formal allocations but
they are amounts which are not
available to the other fisheries during
the fishing year. For Pacific Coast treaty
Indian fisheries, set-asides will be
deducted from the TAC, OY, ACL, or
ACT when specified. For the catcher/
processor and mothership sectors of the
at-sea Pacific whiting fishery, set-asides
will be deducted from the limited entry
trawl fishery allocation. Set-aside
amounts may be adjusted through the
biennial harvest specifications and
management measures process.
*
*
*
*
*
■ 3. In § 660.60:
■ a. Revise paragraphs (d) introductory
text, (d)(1) introductory text, and
(d)(1)(i);
■ b. Remove paragraph (d)(1)(iii);
■ c. Redesignate paragraphs (d)(1)(iv)
through (vii) as (d)(1)(iii) through (vi),
respectively.
The revisions read as follows:
§ 660.60 Specifications and management
measures.
*
*
*
*
*
(d) Automatic actions. The NMFS
Regional Administrator or designee will
initiate automatic management actions
without prior public notice, opportunity
to comment, or a Council meeting.
These actions are nondiscretionary, and
the impacts must have been taken into
account prior to the action. Unless
otherwise stated, a single notice will be
published in the Federal Register
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16:44 Oct 09, 2019
Jkt 250001
making the action effective if good cause
exists under the APA to waive notice
and comment.
(1) Automatic actions will be initiated
in the following circumstances:
(i) Close the MS or C/P sector when
that sector’s Pacific whiting allocation is
reached, or is projected to be reached.
The MS sector non-coop fishery will be
closed by automatic action when the
Pacific whiting or non-whiting
allocation to the non-coop fishery has
been reached or is projected to be
reached.
*
*
*
*
*
Table 1b to Part 660, Subpart C—2019,
Allocations by Species or Species
Group [Amended]
4. In Table 1b to part 660, subpart C—
2019, Allocations by Species or Species
Group, Remove footnotes ’‘c’ through ‘f’,
and redesignate footnote ‘g’ as ‘c’.
■
Table 1d to Part 660, Subpart C—AtSea Whiting Fishery Annual Set-Asides,
2019 [Removed]
5. Remove Table 1d to part 660,
subpart C—At-Sea Whiting Fishery
Annual Set-Asides, 2019, and footnotes.
■
Table 1e to Part 660, Subpart C—
Whiting and Non-Whiting Initial
Issuance Allocation Percentage for IFQ
Decided Through the Harvest
Specifications, 2011 [Redesignated]
6. Redesignate Table 1e to part 660,
subpart C—Whiting and non-whiting
initial issuance allocation percentage for
IFQ decided through the harvest
specifications, 2011 as Table 1d to part
660, subpart C—Whiting and nonwhiting initial issuance allocation
percentage for IFQ decided through the
harvest specifications, 2011.
■
Table 2d to Part 660, Subpart C—AtSea Whiting Fishery Annual Set-Asides,
2020 [Removed]
7. Remove Table 2d to Part 660,
Subpart C—At-Sea Whiting Fishery
Annual Set-Asides, 2020 and Beyond
and footnotes
■ 8. In § 660.111, amend the definition
of Ex-vessel value by revising paragraph
(3) to read as follows:
■
§ 660.111
Trawl fishery—definitions.
*
*
*
*
*
Ex-vessel value * * *
(3) For the C/P Coop Program, the
value as determined by the aggregate
pounds of all groundfish species catch
(as defined in § 660.11) retained on
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54571
board, by the vessel registered to a C/Pendorsed limited entry trawl permit,
multiplied by the MS Coop Program
average price per pound as announced
pursuant to § 660.115(b)(2).
*
*
*
*
*
■ 9. In § 660.113, add paragraph
(b)(1)(iv), and revise paragraphs
(d)(5)(ii)(A)(2), (d)(5)(ii)(A)(4) and (5) to
read as follows:
§ 660.113 Trawl fishery—recordkeeping
and reporting.
*
*
*
*
*
(b) * * *
(1) * * *
(iv) All owners of a quota share (QS)
permit as defined at § 660.25(c)
*
*
*
*
*
(d) * * *
(5) * * *
(ii) * * *
(A) * * *
(2) The weight of each species of
groundfish retained on board.
*
*
*
*
*
(4) The ex-vessel value of each species
of groundfish retained on board,
(5) The net ex-vessel value of each
species of groundfish retained on board,
*
*
*
*
*
■ 10. In § 660.114, revise paragraphs (a),
(b), and (c) to read as follows:
§ 660.114 Trawl fishery—economic data
collection program.
(a) General. The economic data
collection (EDC) program collects
mandatory economic data from
participants in the trawl rationalization
program. NMFS requires submission of
EDC forms to gather ongoing, annual
economic data, including, but not
limited to the following categories of
information related to participation in
the trawl rationalization program:
(1) Annual data related to QS permit
owner activity and characteristics of
participation in the fishery, costs and
earnings from quota trades, and quota
leasing.
(2) Annual data related to costs,
earnings, value, labor, operations,
physical characteristics, ownership and
leasing information for vessels, first
receiver sites, or shorebased processors.
(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:
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Economic data
collection
Who is required to submit an
EDC?
Consequence for failure to submit (In addition to consequences
listed below, failure to submit an EDC may be a violation of the
MSA.)
(1) Limited entry
trawl catcher
vessels.
(i) Annual/ongoing economic
data.
(A) All owners, lessees, and
charterers of a catcher vessel
registered to a limited entry
trawl endorsed permit.
(1) 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).
(2) 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)(vi) and § 660.140(e).
(3) 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) Annual/ongoing economic
data.
(3) Catcher processors.
(i) Annual/ongoing economic
data.
Fishery participant
(4) First receivers/
shorebased
processors.
(5) Quota Share
Permit Owners.
(i) Annual/ongoing economic
data.
(i) Annual/ongoing economic
data.
(B) [Reserved].
(A) All owners, lessees, and
charterers of a mothership vessel registered to an MS permit.
(B) [Reserved] ..............................
(A) All owners, lessees, and
charterers of a catcher processor vessel registered to a C/
P-endorsed limited entry trawl
permit.
(B) [Reserved] ..............................
(A) All owners of a first receiver
site license.
(B) All owners and lessees of a
shorebased processor (as defined under ‘‘processor’’ at
§ 660.11, for purposes of EDC)
that received round or headedand-gutted IFQ species groundfish or whiting from a first receiver.
(A) All owners of a Quota Share
permit and account (as defined
under § 660.25 (c)).
(B) [Reserved]
(1) 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).
(2 )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)(vi).
(3) 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.
(1) 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).
(2) 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)(vi).
(3) 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.
(1) 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)(i)(A) of this table.
(1) A Quota Share permit application or permit renewal package will
not be considered complete until the required EDC for that permit
is submitted, as specified at § 660.140, subpart D.
(2) [Reserved].
(c) Submission of the EDC forms, and
deadline—(1) Submission of the EDC
form. The complete, certified EDC forms
must contain valid responses for all data
fields, and must be submitted either by
paper or web form submission as
follows:
(i) Paper form submission. Paper
forms must be submitted to ATTN:
Economic Data Collection Program
(FRAM Division), NMFS, Northwest
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Fisheries Science Center, 2725 Montlake
Boulevard East, Seattle, WA 98112.
(ii) Web form submission. Completed
EDC web forms must be submitted
electronically via the Economic Data
Collection Program Web Form portal
through NOAA.gov/fisheries and the
signature page faxed, mailed, or handdelivered to NWFSC.
(2) Deadline. Complete, certified EDC
forms must be mailed and postmarked
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Sfmt 4702
by or hand-delivered to NMFS NWFSC
no later than September 1 each year for
the prior year’s data.
(3) Quota Share Permit Owner Survey
Submissions and Deadline. Quota Share
Permit Owner survey forms are
submitted by webform only during the
quota account application and renewal
process specified at § 660.140(d)(2). The
complete certified Quota Share Permit
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(d)(3)(ii)(B)(3), (e)(3)(iii)(A) and (B),
paragraphs (e)(4)(i) introductory text,
and paragraphs (e)(4)(ii), and (e)(5) to
read as follows:
Owner survey must be submitted no
later than November 30 of each year.
*
*
*
*
*
■ 11. In § 660.115, revise paragraphs
(d)(1)(ii)(B) and (C) to read as follows:
§ 660.115
program.
§ 660.140
*
*
*
*
*
(d) * * *
(1) * * *
(ii) * * *
(B) Fee collection deposits. Each fish
buyer, no less frequently than at the end
of each month, shall deposit, in the
deposit account established under
paragraph (d)(1)(ii)(A) of this section, all
fees collected, not previously deposited,
that the fish buyer collects through a
date not more than two calendar days
before the date of deposit. The deposit
principal may not be pledged, assigned,
or used for any purpose other than
aggregating collected fee revenue for
disbursement to the Fund in accordance
with paragraph (d)(1)(ii)(C) of this
section. The fish buyer is entitled, at
any time, to withdraw deposit interest,
if any, but never deposit principal, from
the deposit account for the fish buyer’s
own use and purposes. If the fish buyer
has used a credit card to pay the cost
recovery fee, the deposit principal may
be used to reimburse the credit card in
the same amount as the fee payment.
(C) Deposit principal disbursement.
Not later than the 14th calendar day
after the last calendar day of each
month, or more frequently if the amount
in the account exceeds the account limit
for insurance purposes, the fish buyer
shall disburse to NMFS the full deposit
principal then in the deposit account.
The fish buyer shall disburse deposit
principal by electronic payment to the
Fund subaccount to which the deposit
principal relates. If the fish buyer has
used a credit card to pay the cost
recovery fee, the deposit principal may
be used to reimburse the credit card in
the same amount as the fee payment.
NMFS will announce information about
how to make an electronic payment to
the Fund subaccount in the notification
on fee percentage specified in paragraph
(b)(2) of this section. Each disbursement
must be accompanied by a cost recovery
form provided by NMFS. Recordkeeping
and reporting requirements are specified
in paragraph (d)(4) of this section and at
§ 660.113(b)(5) for the Shorebased IFQ
Program and § 660.113(c)(5) for the MS
Coop Program. The cost recovery form
will be available on the pay.gov website.
*
*
*
*
*
■ 12. In § 660.140, revise paragraphs
(d)(1)(ii) introductory text, (d)(2)(iii)
introductory text, paragraphs
(d)(3)(i)(D), (d)(3)(ii)(B)(2),
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Jkt 250001
Shorebased IFQ Program.
*
Trawl fishery—cost recovery
*
*
*
*
(d) * * *
(1) * * *
(ii) Annual QP and IBQ pound
allocations. QP and IBQ pounds will be
deposited into QS accounts annually.
QS permit owners will be notified of QP
deposits via the IFQ website and their
QS account. QP and IBQ pounds will be
issued to the nearest whole pound using
standard rounding rules (i.e., decimal
amounts less than 0.5 round down and
0.5 and greater round up). NMFS will
distribute such allocations to the
maximum extent practicable, not to
exceed the total allocation. QS permit
owners must transfer their QP and IBQ
pounds from their QS account to a
vessel account in order for those QP and
IBQ pounds to be fished. QP and IBQ
pounds must be transferred in whole
pounds (i.e., no fraction of a QP or IBQ
pound can be transferred). All QP and
IBQ pounds in a QS account must be
transferred to a vessel account between
January 1 and December 31 of the year
for which they were issued in order to
be fished.
*
*
*
*
*
(2) * * *
(iii) QS permit application process.
NMFS will accept a QS permit
application from January 1 to November
30 of each calendar year. QS permit
applications received between
December 1 and December 31 will be
processed by NMFS in the following
calendar year. NMFS will issue only one
QS permit to each unique person, as
defined at § 660.11 subject to the
eligibility requirements at paragraph
(d)(2)(i) of this section. Each applicant
must submit a complete application. A
complete application includes a QS
permit application form, payment of
required fees, complete documentation
of QS permit ownership on the Trawl
Identification of Ownership Interest
Form as required under paragraph
(d)(4)(iv) of this section, and a complete
economic data collection form as
required under § 660.114. NMFS may
require additional documentation as it
deems necessary to make a
determination on the application. The
QS permit application will be
considered incomplete until the
required information is submitted.
*
*
*
*
*
(3) * * *
(i) * * *
(D) QS permits will not be renewed
until SFD has received a complete
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54573
application for a QS permit renewal,
which includes payment of required
fees, complete documentation of QS
permit ownership on the Trawl
Identification of Ownership Interest
Form as required under paragraph
(d)(4)(iv) of this section, a complete
economic data collection form as
required under § 660.114. The QS
permit renewal will be considered
incomplete until the required
information is submitted.
*
*
*
*
*
(ii) * * *
(B) * * *
(2) Transfer of QS or IBQ between QS
accounts. QS permit owners may
transfer QS or IBQ to another owner of
a QS permit, subject to accumulation
limits and approval by NMFS. QS or
IBQ is transferred as a percent, divisible
to one-thousandth of a percent (i.e.,
greater than or equal to 0.001 percent).
QS or IBQ cannot be transferred to a
vessel account. Owners of non-renewed
QS permits may not transfer QS. QP in
QS accounts cannot be transferred
between QS accounts. NMFS will
allocate QP based on the QS percentages
as listed on a QS permit that was
renewed during the previous October 1
through November 30 renewal period.
QS transfers will be recorded in the QS
account but will not become effective
for purposes of allocating QPs until the
following year. QS or IBQ may not be
transferred between December 1 through
December 31 each year. Any QS
transaction that is pending as of
December 1 will be administratively
retracted. NMFS will allocate QP for the
following year based on the QS
percentages as of December 1 of each
year.
(3) Transfer of QP or IBQ pounds from
a QS account to a vessel account. QP or
IBQ pounds must be transferred in
whole pounds (i.e., no fraction of a QP
can be transferred). QP or IBQ pounds
must be transferred to a vessel account
in order to be used. Transfers of QP or
IBQ pounds from a QS account to a
vessel account are subject to annual
vessel accumulation limits and NMFS’
approval. Once QP or IBQ pounds are
transferred from a QS account to a
vessel account (accepted by the
transferee/vessel owner), they cannot be
transferred back to a QS account and
may only be transferred to another
vessel account. QP or IBQ pounds may
not be transferred from one QS account
to another QS account. All QP or IBQ
pounds from a QS account must be
transferred to one or more vessel
accounts by December 31 each year in
order to be fished. All QP or IBQ
pounds expire at the end of the post-
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season transfer period of the year after
which they were issued. If, in any year,
the Regional Administrator makes a
decision to reapportion Pacific whiting
from the tribal to the non-tribal fishery
or NMFS releases additional QP
consistent with § 660.60(c) and
paragraph (d)(1)(ii) of this section,
NMFS will credit QS accounts with
additional QP proportionally, based on
the QS percent for a particular QS
permit owner and the increase in the
shorebased trawl allocation specified at
paragraph (d)(1)(ii)(D) of this section.
*
*
*
*
*
(e) * * *
(3) * * *
(iii) * * *
(A) General. QP or IBQ pounds may
only be transferred from a QS account
to a vessel account or between vessel
accounts. QP or IBQ pounds cannot be
transferred from a vessel account to a
QS account. Transfers of QP or IBQ
pounds are subject to annual vessel
accumulation limits. QP or IBQ pounds
must be transferred in whole pounds
(i.e., no fraction of a QP or IBQ pound
can be transferred). During the year
there may be situations where NMFS
deems it necessary to prohibit transfers
(i.e., account reconciliation, system
maintenance, or for emergency fishery
management reasons).
(B) Transfer procedures. QP or IBQ
pound transfers from one vessel account
to another vessel account must be
accomplished via the online vessel
account. To make a transfer, a vessel
account owner must initiate a transfer
request by logging onto the online vessel
account. Following the instructions
provided on the website, the vessel
account owner must enter pertinent
information regarding the transfer
request including, but not limited to:
IFQ species, amount of QP or IBQ
pounds to be transferred for each IFQ
species (in whole pound increments);
name and any other identifier of the
eligible transferee (e.g., USCG
documentation number or state
registration number, as applicable) of
the eligible vessel account receiving the
transfer; and the value of the transferred
QP or IBQ pounds. The online system
will verify whether all information has
been entered and whether the transfer
complies with vessel limits, as
applicable. If the information is not
accepted, an electronic message will
record as much in the transferor’s vessel
account explaining the reason(s). If the
information is accepted, the online
system will record the pending transfer
in both the transferor’s and the
transferee’s vessel accounts. The
transferee must approve the transfer by
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electronic signature. If the transferee
accepts the transfer, the online system
will record the transfer and confirm the
transaction in both accounts through a
transaction confirmation notice. Once
the transferee accepts the transaction,
the transaction is final and permanent.
QP or IBQ pounds may be transferred
between vessel accounts at any time
during January 1 through December 31
each year unless otherwise notified by
NMFS. Unused QP from the previous
fishing year (base year) may be
transferred for the purpose of covering
end-of-the-year vessel account deficits
through the end of the post-season
transfer period described at paragraph
(e)(5)(iv) of this section.
(4) * * *
(i) Vessel limits. For each IFQ species
or species group specified in this
paragraph, vessel accounts may not
have QP or IBQ pounds in excess of the
annual QP vessel limit in any year,
except as allowed by paragraph
(e)(5)(iii) of this section. The annual QP
vessel limit is calculated as all QPs
transferred in minus all QPs transferred
out of the vessel account.
*
*
*
*
*
(ii) Trawl identification of ownership
interest form. Any person that owns a
vessel registered to a limited entry trawl
permit and that is applying for or
renewing a vessel account shall
document those persons that have an
ownership interest in the vessel greater
than or equal to 2 percent. This
ownership interest must be documented
with the SFD via the Trawl
Identification of Ownership Interest
Form. SFD will not generate and issue
a vessel account unless the Trawl
Identification of Ownership Interest
Form has been completed. NMFS may
request additional information of the
applicant as necessary to verify
compliance with accumulation limits.
(5) Carryover of Surplus and Deficit
QP or IBQ. The carryover provision
allows a limited amount of surplus QP
or IBQ pounds in a vessel account to be
carried over from one year (the base
year) to the next immediately following
year or allows a deficit in a vessel
account from fishing during the base
year to be covered in the immediately
following year with QP or IBQ pounds
from the base year or the a immediately
following year, up to a carryover limit
without violating the provisions of this
section.
(i) Surplus QP or IBQ pounds. A
vessel account with a surplus of QP or
IBQ (unused QP or IBQ pounds) for any
IFQ species following the post-season
transfer period specified at paragraph
(e)(5)(iv) of this section, may carryover
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for use in the year immediately
following the base year amounts of
unused QP or IBQ pounds up to its
carryover limit specified at (e)(5)(ii) of
this section, and subject to the
limitations of this paragraph. After the
post-season transfer period is
concluded, NMFS will complete
determination of surplus QP or IBQ
pound amounts that may be carried over
into the following year up to the surplus
carryover limit specified at paragraph
(e)(5)(ii) of this section. The amount of
surplus QP or IBQ pounds issued as
carryover will be reduced in proportion
to any reduction in the ACL-between
the base year and the immediately
following year. At the end of the postseason transfer period, any base year QP
or IBQ pounds remaining in vessel
accounts will be suspended from use
while NMFS calculates annual surplus
carryover amounts. NMFS will consult
with the Council in making its final
determination of the IFQ species and
total QP or IBQ amounts to be issued as
annual surplus carryover. After NMFS
completes determination of the annual
surplus carryover amounts for each
vessel account, suspended QP or IBQ
pounds in excess of the annual surplus
carryover amount will expire. NMFS
will subsequently release any remaining
suspended QP or IBQ pounds for
issuance as surplus carryover to vessel
accounts from which they were
suspended, and notify vessel account
owners of the issuance. Surplus
carryover QP or IBQ pounds are valid
for the year in which they are issued
(i.e., the year immediately following the
base year). Surplus carryover amounts
that would place a vessel above the
annual QP vessel limits for the
immediately following year (specified at
paragraph (e)(4) of this section) will not
be issued. Amounts issued as surplus
QP or IBQ pounds do not change the
shorebased trawl allocation in the year
in which the carryover was issued.
Surplus QP or IBQ pounds may not be
carried over for more than one year.
(ii) Surplus Carryover Limit. The limit
for the surplus carryover is calculated
by multiplying 10 percent by the
cumulative total QP or IBQ pounds
(used and unused) transferred into a
vessel account for the base year, less any
transfers out of the vessel account, QP
resulting from reapportionment of
whiting specified at § 660.60(d),
additional QP issued to the account
during the year (as specified at
§ 660.60(c)(3)(ii)), and previous
carryover amounts. The percentage used
for the carryover surplus limit may be
changed by Council recommendation
during the biennial specifications and
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management measures process or by
routine management measures as
specified in § 660.60(c).
(iii) Deficit QP or IBQ pounds After
the end of the base year, a vessel
account may cover the full amount of
any deficit (negative balance) of QP or
IBQ pounds using QP or IBQ from the
following year, base year QP or IBQ
pounds, through the post-season
transfer period, or a combination,
without restriction by annual QP vessel
limits. A vessel account acquiring QP or
IBQ after the base year to cover a deficit
resulting from catch in excess of the
base year annual QP vessel limits may
still be in violation of annual vessel QP
limit provisions specified at paragraph
(e)(4)(i) of this section, or other
provisions of this section, if the deficit
exceeds the deficit carryover limit
specified at paragraph (e)(5)(iii)(B) of
this section. If an IFQ species is
reallocated between the base year and
the following year due to changes in
management areas or subdivision of a
species group as specified at paragraph
(c)(3)(vii) of this section, a vessel
account will not carryover the deficit for
that IFQ species into the following year.
A vessel account with a deficit for any
IFQ species in the base year, may cover
that deficit during the post-season
transfer period or with QP or IBQ
pounds from the following year without
violating the provisions of this section
if all of the following conditions are
met:
(A) The vessel account owner declares
out of the Shorebased IFQ Program for
the remainder of the year in which the
deficit occurred. The vessel account
owner must submit a signed, dated, and
notarized letter to OLE, declaring out of
the Shorebased IFQ Program for the
remainder of the year and invoking the
carryover provision to cover the deficit.
Signed, dated, and notarized letters may
be submitted to NMFS, West Coast
Region, Office of Law Enforcement,
ATTN VMS, Bldg. 1, 7600 Sand Point
Way NE, Seattle, WA 98115. If the
vessel account owner covers the deficit
later within the same calendar year, the
vessel may re-enter the Shorebased IFQ
Program. If the deficit is documented
less than 30 days before the end of the
calendar year, exiting out of the
Shorebased IFQ Program for the
remainder of the year is not required.
(B) The amount of QP or IBQ pounds
required to cover the deficit from the
current fishing year is less than or equal
to the vessel’s carryover limit for a
deficit. The carryover limit for a deficit
is calculated as 10 percent of the total
cumulative QP or IBQ pounds (used and
unused, less any transfers out of the
vessel account, and any previous
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16:44 Oct 09, 2019
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carryover amounts) in the vessel
account 30 days after the date the deficit
is documented;
(C) Sufficient QP or IBQ pounds are
transferred into the vessel account to
cure the deficit within 30 days of
NMFS’ issuance of QP or IBQ pounds to
QS accounts in the following year or the
date the deficit is documented
(whichever is later) but not later than
the end of the post-season transfer
period; and
(D) The total QP required to cover the
vessel’s total catch from the base year is
not greater than the annual QP vessel
limit for the base year.
(iv) Post-Season QP or IBQ transfers.
A vessel account with a deficit (negative
balance) of QP or IBQ pounds after
December 31 for any IFQ species may
conduct post-season transfers to cure
the deficit by obtaining available
unused QP or IBQ pounds remaining in
other vessel accounts from the base
fishing year. Vessel account owners may
conduct post-season transfers of QP and
IBQ pounds according to transfer
procedures specified in paragraph
(e)(3)(iii) of this section, and subject to
the following conditions:
(A) Post-season transfers may be
conducted during a period starting
January 1 and ending 14 calendar days
after NMFS has completed its
determination of the total base year IFQ
catch for all vessels for end-of-the-year
account reconciliation. NMFS will issue
a public notice when end-of-the-year
account reconciliation has been
completed, on or about March 1 of each
year.
(B) QP or IBQ pounds from the base
fishing year transferred during the postseason transfer period may not be fished
in any way, and may only be transferred
for the purpose of covering deficits
carried into the immediately following
fishing year from the base fishing year.
(C) After the post-season transfer
period, remaining QP and IBQ pounds
surplus and deficits from the base
fishing year are subject to carryover
provisions specified at paragraphs
(e)(5)(ii) and (e)(5)(iii) of this section.
*
*
*
*
*
■ 13. In § 660.150 revise paragraphs (c)
and (d)(1)(iii)(A)(1)(v) to read as follows:
§ 660.150
Mothership (MS) Coop Program.
*
*
*
*
*
(c) MS Coop Program species and
allocations—(1) MS Coop Program
species. All species other than Pacific
whiting are managed with set-asides for
the MS and C/P Coop Programs, as
described in Table 1d to subpart C of
this part.
(2) Annual mothership sector suballocations. Annual allocation
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54575
amount(s) will be determined using the
following procedure:
(i) MS/CV catch history assignments.
Catch history assignments will be based
on catch history using the following
methodology:
(A) Pacific whiting catch history
assignment. Each MS/CV endorsement’s
associated catch history assignment of
Pacific whiting will be annually
allocated to a single permitted MS coop
or to the non-coop fishery. If multiple
MS/CV endorsements and their
associated CHAs are registered to a
limited entry permit, that permit may be
simultaneously registered to more than
one MS coop or to both a coop(s) and
non-coop fishery. Once assigned to a
permitted MS coop or to the non-coop
fishery, each MS/CV endorsement’s
catch history assignment remains with
that permitted MS coop or non-coop
fishery for that calendar year. When the
mothership sector allocation is
established, the information for the
conversion of catch history assignment
to pounds will be made available to the
public through a Federal Register
announcement and/or public notice
and/or the NMFS website. The amount
of whiting from the catch history
assignment will be issued to the nearest
whole pound using standard rounding
rules (i.e., less than 0.5 rounds down
and 0.5 and greater rounds up).
(1) In years where the Pacific whiting
harvest specification is known by the
start of the mothership sector primary
whiting season specified at
§ 660.131(b)(2)(iii)(B), allocation for
Pacific whiting will be made by the start
of the season.
(2) In years where the Pacific whiting
harvest specification is not known by
the start of the mothership sector
primary whiting season specified at
§ 660.131(b)(2)(iii)(B), NMFS will issue
Pacific whiting allocations in two parts.
Before the start of the primary whiting
season, NMFS will allocate Pacific
whiting based on the MS Coop Program
allocation percent multiplied by the
lower end of the range of potential
harvest specifications for Pacific
whiting for that year. After the final
Pacific whiting harvest specifications
are established, NMFS will allocate any
additional amounts of Pacific whiting to
the MS Coop Program.
(B) Non-whiting groundfish species
catch—(1) At-sea set-asides of nonwhiting groundfish species will be
managed on an annual basis unless
there is a risk of a harvest specification
being exceeded, unforeseen impact on
other fisheries, or conservation
concerns, in which case inseason action
may be taken. Set asides may be
adjusted through the biennial
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specifications and management
measures process as necessary.
(2) Groundfish species not addressed
in paragraph (c)(2)(i)(B)(1) of this
section, will be managed on an annual
basis unless there is a risk of a harvest
specification being exceeded,
unforeseen impact on other fisheries, or
conservation concerns, in which case
inseason action may be taken.
(3) Halibut set-asides. Annually a
specified amount of the Pacific halibut
will be held in reserve as a shared setaside for bycatch in the at-sea Pacific
whiting fisheries and the shorebased
trawl sector south of 40°10′ N lat.
(C) Rounding rules may affect
distribution of the MS Coop Program
allocations among the catch history
assignments for individual MS/CVendorsed permits. NMFS will distribute
such allocations to the maximum extent
practicable, not to exceed the total
allocation.
(ii) Annual coop allocations—(A)
Pacific whiting. Each permitted MS
coop is authorized to harvest a quantity
of Pacific whiting that is based on the
sum of the catch history assignments for
each member MS/CV-endorsed permit
identified in the NMFS-accepted coop
agreement for a given calendar year.
Other limited entry permits registered to
vessels that will fish for the coop do not
bring catch allocation to a permitted MS
coop.
(B) If all MS/CV-endorsed permits are
members of a single coop in a given year
and there is not a non-coop fishery, then
NMFS will allocate 100 percent of the
MS Coop Program allocation to that
coop.
(iii) Annual non-coop allocation—(A)
Pacific whiting. The non-coop whiting
fishery is authorized to harvest a
quantity of Pacific whiting that is
remaining in the mothership sector
annual allocation after the deduction of
all coop allocations.
(B) Announcement of the non-coop
fishery allocations. Information on the
amount of Pacific whiting and nonwhiting groundfish with allocations that
will be made available to the non-coop
fishery when the final Pacific whiting
specifications for the mothership sector
is established and will be announced to
the public through a Federal Register
announcement and/or public notice
and/or the NMFS website.
(3) Reaching an allocation or suballocation. When the mothership sector
Pacific whiting allocation, or Pacific
whiting sub-allocation is reached or is
projected to be reached, the following
action may be taken:
(i) Further harvesting, receiving or atsea processing by a mothership or
catcher vessel in the mothership sector
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is prohibited when the mothership
sector Pacific whiting allocation is
projected to be reached. No additional
unprocessed groundfish may be brought
on board after at-sea processing is
prohibited, but a mothership may
continue to process catch that was on
board before at-sea processing was
prohibited. Pacific whiting may not be
taken and retained, possessed, or landed
by a catcher vessel participating in the
mothership sector.
(ii) When a permitted MS coop suballocation of Pacific whiting-is reached,
further harvesting or receiving of
groundfish by vessels fishing in the
permitted MS coop must cease, unless
the permitted MS coop is operating
under an NMFS-accepted inter-coop
agreement.
(iii) When the non-coop fishery suballocation of Pacific whiting is projected
to be reached, further harvesting or
receiving of groundfish by vessels
fishing in the non-coop fishery must
cease.
(4) [Reserved]
(5) Announcements. The Regional
Administrator will announce in the
Federal Register when the mothership
sector allocation of Pacific whiting is
reached, or is projected to be reached,
and specify the appropriate action. In
order to prevent exceeding an allocation
and to avoid underutilizing the
resource, prohibitions against further
taking and retaining, receiving, or at-sea
processing of Pacific whiting may be
made effective immediately by actual
notice to fishers and processors, by
email, internet, phone, fax, letter, press
release, and/or USCG Notice to Mariners
(monitor channel 16 VHF), followed by
publication in the Federal Register, in
which instance public comment will be
sought for a reasonable period of time
thereafter.
(6) Redistribution of annual
allocation—(i) Between permitted MS
coops (inter-coop). (A) Through an
inter-coop agreement, the designated
coop managers of permitted MS coops
may distribute Pacific whiting
allocations among one or more
permitted MS coops, provided the
processor obligations at paragraph (c)(7)
of this section have been met or a
mutual agreement exception at
paragraph (c)(7)(iv) of this section has
been submitted to NMFS.
(B) In the case of a MS coop failure
during the Pacific whiting primary
season for the mothership sector,
unused allocation associated with the
catch history will not be available for
harvest by the coop that failed, by any
former members of the coop that failed,
or any other MS coop for the remainder
of that calendar year.
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(1) Between the MS coop and noncoop fisheries. Pacific whiting may not
be redistributed between the coop and
non-coop fisheries.
(2) Between Pacific whiting sectors.
Pacific whiting may not be redistributed
between the mothership sector and
catcher/processor sector. Whiting may
not be redistributed to the Shorebased
IFQ Program.
(7) Processor obligation and mutual
agreement exceptions—(i) Processor
obligation. Through the annual MS/CVendorsed limited entry permit renewal
process, the MS/CV-endorsed permit
owner must identify to NMFS to which
MS permit the MS/CV permit owner
intends to obligate the catch history
assignment associated with that permit
if they are participating in the MS coop
fishery. Only one MS permit may be
designated for each MS/CV
endorsement and associated catch
history assignment.
(ii) Expiration of a processor
obligation. Processor obligations expire
at the end of each calendar year when
the MS Coop Permit expires.
(iii) Processor obligation when MS
coop allocation is redistributed. When a
permitted MS coop redistributes Pacific
whiting allocation within the permitted
MS coop or from one permitted MS
coop to another permitted MS coop
through an inter-coop agreement, such
allocations must be delivered to the
mothership registered to the MS permit
to which the allocation was obligated
under the processor obligation
submitted to NMFS, unless a mutual
agreement exception has been submitted
to NMFS.
(iv) Mutual agreement exception. An
MS/CV-endorsed permit’s catch history
assignment can be released from a
processor obligation through a mutual
agreement exception. The MS/CVendorsed permit owner must submit a
copy to NMFS of the written agreement
that includes the initial MS permit
owner’s acknowledgment of the release
of the MS/CV-endorsed permit owner’s
processor obligation and the MS/CVendorsed permit owner must identify a
processor obligation for a new MS
permit.
(v) MS permit withdrawal. If an MS
permit withdraws from the mothership
fishery before the resulting amounts of
catch history assignment have been
announced by NMFS, any MS/CVendorsed permit obligated to the MS
permit may elect to participate in the
coop or non-coop fishery. In such an
event, the MS permit owner must
provide written notification of its
withdrawal to NMFS and all MS/CVendorsed permits that are obligated to
the MS permit, and the owner of each
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MS/CV-endorsed permit obligated to the
MS permit must provide written
notification to NMFS of their intent to
either participate in the non-coop
fishery or the coop fishery, and if
participating in the coop fishery must
identify a processor obligation for a new
MS permit.
(vi) Submission of a mutual
agreement exception or MS permit
withdrawal. Written notification of a
mutual exception agreement or MS
permit withdrawal must be submitted to
NMFS, Northwest Region, Permits
Office, Bldg. 1, 7600 Sand Point Way
NE, Seattle, WA 98115.
(d) * * *
(1) * * *
(iii) * * *
(A) * * *
(1) * * *
(v) A description of the coop’s plan to
adequately monitor and account for the
catch of Pacific whiting and nonwhiting groundfish, and to monitor and
account for the catch of prohibited
species.
*
*
*
*
*
■ 14. In § 660.160:
■ a. Revise paragraph (c)(1) introductory
text, paragraphs (c)(1)(i), (c)(3)(i) and
(ii);
■ b. Remove paragraph (c)(3)(iii);
■ c. Remove and reserve paragraph
(c)(5);
■ d. Revise paragraphs (c)(6), (c)(7), and
(d)(1)(iii)(A)(1)(iii), and paragraph (e)(1)
introductory text;
■ e. Add paragraph (e)(1)(iv);
■ f. Revise paragraph (h)(1) introductory
text, and paragraphs (h)(2) through (4);
■ g. Add paragraph (h)(5).
The revisions and additions read as
follows:
§ 660.160 Catcher/processor (C/P) Coop
Program.
*
*
*
*
*
(c) * * *
(1) C/P Coop Program species. All
species other than Pacific whiting are
managed with set-asides for the MS and
C/P Coop Programs.
(i) Species with formal allocations to
the C/P Coop Program: Pacific whiting.
*
*
*
*
*
(3) * * *
(i) At-sea sector set-asides of nonwhiting groundfish species will be
managed on an annual basis unless
there is a risk of a harvest specification
being exceeded, unforeseen impact on
other fisheries, or conservation
concerns, in which case inseason action
may be taken. Set asides may be
adjusted through the biennial
specifications and management
measures process as necessary.
(ii) Groundfish species not addressed
in paragraph (c)(3)(i) of this section, will
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16:44 Oct 09, 2019
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be managed on an annual basis unless
there is a risk of a harvest specification
being exceeded, unforeseen impact on
other fisheries, or conservation
concerns, in which case inseason action
may be taken.
*
*
*
*
*
(5) [Reserved]
(6) Reaching the catcher/processor
sector allocation. When the catcher/
processor sector allocation of Pacific
whiting is reached or is projected to be
reached, further taking and retaining,
receiving, or at-sea processing by a
catcher/processor is prohibited. No
additional unprocessed groundfish may
be brought on board after at-sea
processing is prohibited, but a catcher/
processor may continue to process catch
that was on board before at-sea
processing was prohibited. The catcher/
processor sector will close when the
allocation of any one species is reached
or projected to be reached.
(7) Announcements. The Regional
Administrator will announce in the
Federal Register when the catcher/
processor sector allocation of Pacific
whiting is reached, or is projected to be
reached, and specify the appropriate
action. In order to prevent exceeding an
allocation and to avoid underutilizing
the resource, prohibitions against
further taking and retaining, receiving,
or at-sea processing of Pacific whiting
may be made effective immediately by
actual notice to fishers and processors,
by email, internet, phone, fax, letter,
press release, and/or USCG Notice to
Mariners (monitor channel 16 VHF),
followed by publication in the Federal
Register, in which instance public
comment will be sought for a reasonable
period of time thereafter.
(d) * * *
(1) * * *
(iii) * * *
(A) * * *
(1) * * *
(iii) A description of the coop’s plan
to adequately monitor and account for
the catch of Pacific whiting and nonwhiting groundfish, and to monitor and
account for the catch of prohibited
species.
*
*
*
*
*
(e) * * *
(1) General. Any vessel participating
in the C/P sector of the non-tribal
primary Pacific whiting fishery-must be
registered to a valid limited entry permit
with a C/P endorsement subject to the
limited entry permit provisions given at
§ 660.25(b).
*
*
*
*
*
(iv) Trawl identification of ownership
interest form. Any person that is
applying for or renewing a
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Fmt 4702
Sfmt 4702
54577
C/P-endorsed permit shall document
those persons that have an ownership
interest in the permit greater than or
equal to 2 percent. This ownership
interest must be documented with the
SFD via the Trawl Identification of
Ownership Interest Form. SFD will not
issue a C/P-endorsed permit unless the
Trawl Identification of Ownership
Interest Form has been completed.
*
*
*
*
*
(h) * * * (1) Conditions for
determination of coop failure. The
Regional Administrator will determine
that a permitted C/P coop has failed if
any one of the following occurs:
*
*
*
*
*
(2) Notification of coop failure. If the
permitted C/P coop dissolves, the
designated coop manager must notify
NMFS SFD in writing of the dissolution
of the coop to allow the Regional
Administrator to make a determination
of coop failure. The Regional
Administrator may also make an
independent determination of a coop
failure based on factual information
collected by or provided to NMFS.
NMFS will notify the designated coop
manager in writing in the event the
Regional Administrator determines the
coop has failed.
(3) Coop permit no longer in effect.
Upon determination of a coop failure,
the C/P coop permit will no longer be
in effect.
(4) Conversion to IFQ Fishery. The
C/P sector will convert to an IFQ-based
fishery beginning the following calendar
year after a determination of a coop
failure, or as soon as practicable
thereafter. NMFS will develop
additional regulations, as necessary to
implement an IFQ-based fishery for the
C/P sector. Each C/P-endorsed permit
will receive an equal amount of QS from
the total C/P sector allocation. That QS
will not be transferable separate from
the C/P-endorsed permit until a
determination is made to allow such
transfers, necessary regulations are
implemented, and public notice is
provided. Any use of QP or IBQ pounds
associated with C/P endorsed permits is
prohibited until the regulations for a
C/P sector IFQ system are implemented.
(5) Accumulation Limits. C/P Sector
accumulation limits will take effect in
the event that the C/P coop fails and
converts to an IFQ-based fishery. If an
IFQ fishery is implemented, any
individual or entity may own or control
a maximum of five C/P endorsed
permits and QS allocations associated
with those permits, as described in
paragraph (e)(5)(iv) of this section. C/P
endorsed permit accumulation limits
will only take effect after determination
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules
of a coop failure is made and the
following administrative process occurs:
(i) Divestiture Period. Upon
determination of a coop failure, a
divestiture period will occur starting
with the date that co-op failure has been
determined and running through the
date on which an IFQ program is
implemented for the C/P sector or
another date specified in the IFQ
program implementing regulations.
During the divestiture period, an
individual or entity may not acquire
ownership or control over a total of
more than five C/P-endorsed permits.
Any entity that already owns or controls
more than five C/P-endorsed permits
may not acquire additional permits.
During the divestiture period any entity
who owns or controls C/P-endorsed
permits may sell or trade any permits it
owns. C/P-endorsed permits may be
voluntarily abandoned to NMFS using
the procedures provided under
paragraph (h)(5)(iii) of this section.
(ii) Divestiture and redistribution
process. After conversion to an IFQ
fishery and completion of the
divestiture period, any person owning
or controlling C/P-endorsed permits
must be in compliance with
accumulation limits, even if that
ownership is not reflected in the
ownership records available to NMFS as
specified at § 660.140 (e)(1)(iv). Permit
owners found to exceed the five permit
accumulation limit for C/P-endorsed
permits after the divestiture period are
in violation of the accumulation limits
and required to completely divest of
ownership or control of C/P-endorsed
permits that exceed the accumulation
limit. C/P-endorsed permits may be
voluntarily abandoned to NMFS using
the procedures provided under
paragraph (h)(5)(iii) of this section. If
NMFS finds that any entity owns or
controls more than five C/P-endorsed
permits, NMFS will make an Initial
Administrative Determination (IAD) that
the entity must divest of control or
ownership of permits that exceed the
accumulation limit within 30 days or
NMFS will revoke the excess permits in
accordance with § 660.25(h)(2)(ii). The
permit owner will have the opportunity
to appeal the IAD through the National
Appeals Office under the provisions
established at 15 CFR part 906. All QS
associated with revoked permits will be
redistributed to all other C/P-endorsed
permit owners in proportion to their QS
holdings, based on current ownership
records, on or about January 1 of the
calendar year following the year in
which the permits are revoked. This
redistribution process will not allow
any entity to receive more than 50
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16:44 Oct 09, 2019
Jkt 250001
percent of the total QS allocations for
the C/P sector.
(iii) Abandonment of C/P-endorsed
permits. C/P-endorsed permits owners
that own or control more than the five
permit accumulation limit may
voluntarily abandon C/P-endorsed
permits if they notify NMFS in writing
during the divestiture period specified
at paragraph (h)(5)(i) of this section or
within 30 days of conversion to an IFQ
fishery. The written abandonment
request must include the C/P endorsed
permit number and the associated QS
allocation percentage that will be
abandoned. Either the C/P-endorsed
permit owner or an authorized
representative of the C/P-endorsed
permit owner must sign the request. C/
P-endorsed permit owners choosing to
utilize the abandonment option will
permanently relinquish to NMFS any
right to the abandoned C/P-endorsed
permit, and the QS associated with that
permit will be redistributed as described
under paragraph (h)(5)(ii) of this
section. No compensation will be due
for any abandoned permit, or associated
QS or QP.
(iv) Review of C/P-permit ownership
interest and accumulation limits. NMFS
may request additional information
from C/P-permit owners as necessary to
verify compliance with accumulation
limits in the event of C/P coop failure
and conversion to IFQ fishery. If NMFS
discovers through review of the Trawl
Identification of Ownership Interest
Form that a person is not in compliance
with accumulation limits, the person
will be subject to divestiture provisions
specified in paragraph (h)(5)(ii) of this
section.
(v) Definition of Ownership or
Control. For the purpose of determining
ownership or control a person or entity
has over a C/P endorsed permit, all of
the following criteria apply:
(A) The person or entity has the right
to direct, or does direct, in whole or in
part, the business of the entity to which
the permits are registered, with the
exception of those activities allowed
under paragraphs (h)(5)(v)(C) and (G) of
this section.
(B) The person or entity has the right
to limit the actions of or replace, or does
limit the actions of or replace, the chief
executive officer, a majority of the board
of directors, any general partner, or any
person serving in a management
capacity of the entity to which the C/P
permits are registered, with the
exception of those activities allowed
under paragraphs (h)(5)(v)(C) and (G) of
this section.
(C) With the exception of banks and
other financial institutions that rely on
permits as collateral for loans as
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Frm 00054
Fmt 4702
Sfmt 4702
described under paragraphs (h)(5)(v)(G)
of this section, the person or entity has
the right to direct, or does direct, and/
or the right to prevent or delay, or does
prevent or delay, the transfer of the C/
P permit associated QS, or the resulting
QP.
(D) The person or entity, through loan
covenants or any other means, has the
right to restrict, or does restrict, and/or
has a controlling influence over the day
to day business activities or
management policies of the entity to
which the permits are registered, with
the exception of those activities allowed
under paragraphs (h)(5)(v)(C) and (G) of
this section.
(E) The person or entity has the right
to restrict, or does restrict, any activity
related to the C/P permit, associated QS
or the resulting QP, including, but not
limited to, use of permits, or associated
QS, or disposition of fish harvested and
processed under the resulting QP, with
the exception of those activities allowed
under paragraphs (h)(5)(v)(C) and (G) of
this section.
(F) The person or entity has the right
to control, or does control, the
management of, or to be a controlling
factor in, the entity to which the C/P
permit, associated QS, or the resulting
QP, are registered, with the exception of
those activities allowed under
paragraphs (h)(5)(v)(C) and (G) of this
section.
(G) With the exception of banks and
other financial institutions that rely on
permits as collateral for loans, the
person or entity has the right to cause
or prevent, or does cause or prevent, the
sale, lease or other disposition of C/P
permits, associated QS, or the resulting
QP.
(1) To qualify for this exception for
banks and other financial institutions
that rely on permits as collateral for
loans, a bank or other financial
institution must be regularly or
primarily engaged in the business of
lending, and must not be engaged in
business with, or be controlled by,
entities whose primary business is the
harvesting, processing, or distribution of
fish or fish products.
(2) Any state or federally chartered
bank or financial institution that meets
the requirement of paragraph
(h)(5)(v)(G)(1) of this section does not
need to submit additional information
to NMFS.
(3) Any entity that is not a state or
federally chartered bank or financial
institution must submit a letter
requesting the exception and disclose
the identity and interest share of any
shareholder with a 2 percent or more
ownership interest in the lender through
submission of the Trawl Identification
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules
of Ownership Interest Form (see
paragraph (e)(1)(iv) of this section). The
lender must make subsequent annual
submissions of the letter and Trawl
Identification of Ownership Interest
Form to maintain the exception. Letters
requesting the exception and complete
Trawl Identification of Ownership
Interest Forms may be submitted to
NMFS, West Coast Region, Permits
Office, ATTN: Fisheries Permit Office,
Bldg. 1, 7600 Sand Point Way NE,
Seattle, WA 98115. NMFS will only
accept complete applications.
(H) The person or entity has the
ability through any means whatsoever to
control or have a controlling influence
over the entity to which a permit
associated QS is registered, with the
exception of those activities allowed
under paragraphs (h)(5)(v)(C) and (G) of
this section.
[FR Doc. 2019–21894 Filed 10–9–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 191002–0053]
RIN 0648–BI45
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Vessel Movement, Monitoring, and
Declaration Management for the
Pacific Coast Groundfish Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule, request for
comments.
AGENCY:
NMFS proposes revisions to
reporting and monitoring provisions for
vessels participating in the Pacific Coast
groundfish fishery. This proposed
action would: Increase the position
transmission rate for certain vessels
using NMFS type-approved vessel
monitoring system units, including
limited entry groundfish vessels, open
access vessels using non-groundfish
trawl gear (ridgeback prawn, California
halibut, and sea cucumber trawl), and
any vessels that use open access gear
targeting groundfish or that have
groundfish bycatch (salmon troll, prawn
trap, Dungeness crab, halibut longline,
California halibut line gear, and
sheephead trap); allow midwater trawl
vessels participating in the Pacific
whiting fishery to change their landing
SUMMARY:
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16:44 Oct 09, 2019
Jkt 250001
declarations while at sea; exempt
groundfish trawl vessels from observer
coverage while testing authorized
fishing gear; and allow shorebased
Individual Fishing Quota fixed gear
vessels to deploy pot gear in one
management area while retrieving gear
from another management area on a
single trip. The proposed action will
increase monitoring efficiency and
effectiveness, improve enforcement of
restricted areas, and increase
operational flexibility for groundfish
fishery participants.
Comments on this proposed rule
must be received on or before November
12, 2019.
DATES:
Submit your comments,
identified by NOAA–NMFS–2019–0093,
by any of the following methods:
• Online Submission: Go to the
Federal e-Rulemaking Portal at
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190093, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Shannon Penna, Fishery Management
Specialist, West Coast Region, NMFS,
501 West Ocean Blvd., Suite 4200, Long
Beach, CA 90802–4213.
NMFS may not consider comments if
they are sent by any other method, to
any other address or individual, or
received after the comment period ends.
All comments received are a part of the
public record and NMFS will post the
comments for public viewing on
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender is publicly
accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, or Adobe PDF file formats
only.
Copies of the analytic document
supporting this action, are available via
the Federal eRulemaking Portal: https://
www.regulations.gov, docket NOAA–
NMFS–2019–0093, or by contacting the
Pacific Fisheries Management Council,
7700 NE Ambassador Place, Suite 101,
Portland, OR 97220–1384.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Shannon Penna, Fishery Management
Specialist, 562–980–4238, or
shannon.penna@noaa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00055
Fmt 4702
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54579
Background
Between September 2014 and April
2016, the Pacific Fishery Management
Council (Council) developed and
considered management measures to
address a range of vessel and gear
movement issues and aggregated these
issues under a single vessel movement
monitoring agenda item. Additional
details about the Council’s
considerations are included in the
Council’s analytic document (see
ADDRESSES), and included in the
discussion of individual measures
below.
The Council deemed the proposed
regulations consistent with and
necessary to implement this action in a
July 17, 2019, letter from Council
Executive Director, Chuck Tracy, to
Regional Administrator Barry Thom.
Under the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), NMFS is
required to publish proposed rules for
comment after preliminarily
determining whether they are consistent
with applicable law. We are seeking
comment on the Council’s proposed
measures in this action and whether
they are consistent with the Pacific
Coast Groundfish Fishery Management
Plan, the Magnuson-Stevens Act and its
National Standards, and other
applicable law.
Summary of the Proposed Regulations
This section discusses proposed
regulatory revisions that are expected to
increase NMFS’s ability to enforce
fishing activity in and around restricted
areas, and result in cost savings,
increased profitability, and flexibility
for the groundfish fishery. The proposed
measures would:
• Increase the position transmission
rate requirements for certain vessels
using NOAA NMFS type-approved
vessel monitoring system (VMS) units;
• Amend the definition for
continuous transit;
• Allow midwater trawl vessels
participating in the Pacific whiting
fishery to change their landing
declarations while at sea;
• Exempt groundfish trawl vessels
from observer coverage while testing
authorized fishing gear; and,
• Allow shorebased Individual
Fishing Quota (IFQ) fixed gear vessels to
retrieve pot gear in one management
area and deploy that gear in another
management area on a single trip.
A. Increased Position Transmission Rate
for Groundfish VMS
Vessels participating in the limited
entry groundfish fishery (limited entry
E:\FR\FM\10OCP1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Proposed Rules]
[Pages 54561-54579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21894]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 191001-0049]
RIN 0648-BI35
Magnuson-Stevens Act Provisions; Fisheries off West Coast States;
Pacific Whiting; Pacific Coast Groundfish Fishery Management Plan;
Amendment 21-4; Catch Share Program, 5-Year Review, Follow-on Actions
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes this measure to enact a range of Follow-on
Actions identified in the course of conducting the Pacific Coast
Groundfish Trawl Catch Share Program 5-Year Review. These actions are
intended to complete outstanding elements of the Pacific Coast
Groundfish Trawl Catch Share Program, respond to problems identified
after implementing the program, and modify outdated regulations. This
action proposes regulations in accordance with Amendment 21-4 to
[[Page 54562]]
the Pacific Coast Groundfish Fishery Management Plan, and would revise
elements in four areas of the Catch Share Program.
DATES: Comments on this proposed rule must be received no later than
October 29, 2019.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2019-0106 by any of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0106, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Colin Sayre, Sustainable Fisheries Division, West Coast
Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic Access
This proposed rule is accessible via the internet at the Office of
the Federal Register website at https://www.federalregister.gov.
Background information and documents are available at the NMFS West
Coast Region website at: https://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/ and at the Pacific Fishery Management
Council's website at https://www.pcouncil.org/groundfish/fishery-management-plan/groundfish-amendments-in-development/.
FOR FURTHER INFORMATION CONTACT: Colin Sayre, phone: 206-526-4656, or
email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Summary of the Proposed Regulations
A. At-sea Whiting Fishery Set-Aside Bycatch Management
B. Shorebased Individual Fishing Quota (IFQ) Trawl Sector Quota
Transfers
C. Catcher Processor (C/P) Permit Accumulation Limits
D. New Data Collections
1. C/P Endorsed Permit Ownership Interest
2. Quota Share Permit Owner Participation and Economic Data
E. Clarifications to Cost Recovery Regulatory Text
F. Technical Corrections
III. Classification
IV. Description of Regulated Entities
VI. Collection of Information Requirements
I. Background
The proposed action would complete outstanding elements of the
Pacific Coast Groundfish Trawl Catch Share Program (Catch Share
Program), respond to problems identified after Catch Share Program
implementation, and modify outdated regulations. The proposed measures
would: Allow the at-sea whiting sector to more fully and efficiently
harvest its allocation through more flexible set-aside management of
constraining bycatch species; improve utilization of Individual Fishing
Quota (IFQ) and overall economic efficiency for the shorebased IFQ
trawl sector; ensure fair and equitable access to resources in the
event of at-sea Pacific Whiting Catcher-Processor (C/P) coop failure;
and provide a more robust evaluation of Catch Share Program
performance. This action also includes clarifying non-substantive
changes to the regulatory language for the Cost Recovery Program.
The Council deemed the proposed regulations necessary and
appropriate to implement these actions in an August, 23rd, 2019, letter
from Council Executive Director, Chuck Tracy, to Regional Administrator
Barry Thom. Under the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), NMFS is required to publish
proposed rules for comment after preliminarily determining whether they
are consistent with applicable law. We are seeking comment on the
proposed regulations in this action and whether they are consistent
with the Pacific Coast Groundfish Fishery Management Plan (FMP), the
Magnuson-Stevens Act and its National Standards, and other applicable
law.
Pacific Coast Groundfish Trawl Catch Share Program
On January 1, 2011, NMFS implemented the Catch Share Program
through Amendment 20 and Amendment 21 (75 FR 60867; October 1, 2010) to
the Pacific Coast Groundfish FMP. Amendment 20 established a limited
entry IFQ system for shorebased trawl vessels and cooperatives for the
at-sea Pacific whiting mothership (MS) and C/P sectors. The intent of
the Catch Share Program was to increase net economic benefits and
create economic stability for individual trawl fishery participants,
provide full utilization of the trawl sector allocation, and achieve
individual accountability for catch and bycatch in the Pacific Coast
groundfish fishery. Amendment 21 established fixed allocations for
limited entry trawl participants. These allocations are intended to
improve management under the Catch Share Program by streamlining its
administration, providing stability to the fishery, and addressing
bycatch.
Catch Share Program 5-Year Review Follow-On Actions
Section 303A of the Magnuson-Stevens Act requires periodic reviews
of limited access privilege programs (LAPPs), such as the Catch Share
Program, starting five years after implementation. This review provides
managers with information to determine whether Catch Share Program
outcomes have been consistent with program goals and objectives and
expected environmental impacts. Starting with implementation of the
Catch Share Program in 2011, NMFS collected both baseline and annual
socioeconomic data to judge the effectiveness of the Catch Share
Program for the 5-Year Review. The Council approved the final version
of the first 5-Year Review at its November 2017 meeting.
To aid in reviewing and refining the Catch Share Program, the
Council appointed an ad hoc committee called the Community Advisory
Board (CAB) at its September 2016 meeting. The CAB provides the
perspective of fishing communities on Catch Share Program performance,
potential improvements, and other advice the Council requests to inform
the program review. In May 2017, the CAB developed a list of issues for
the Council to consider for rulemakings after completing the 5-Year
Review. At its June 2017 meeting, the CAB provided the Council with a
priority list of follow-on actions from which six were selected for
further development. The action issues the CAB selected were: Meeting
the at-sea whiting fishery bycatch needs; trawl sablefish area-
management; revising shoreside IFQ accumulation limits to increase
attainment; meeting shoreside IFQ sector harvest complex needs; setting
limits on fixed-gear gear switching; and setting C/P sector
accumulation limits on permit ownership and harvesting/processing.
At its November 2017 meeting, in a single package, called the
``Follow-on Actions,'' the Council adopted the 5-
[[Page 54563]]
Year Review document and provided preliminary guidance for developing a
range of alternatives from a subset of the action issues selected by
the CAB, as follows:
Adjust the management approach and FMP formulas for
previously-overfished non-whiting stocks caught in the at-sea Pacific
whiting fishery;
Revise individual species annual quota pound (QP) vessel
limits;
Allow post-season QP trading and provide post-season
relief from vessel QP limits;
Eliminate the September 1 expiration for QP that have not
been moved to a vessel account;
Establish accumulation limits for C/P-endorsed permit
ownership and processing amount;
Require the submission of C/P-endorsed permit ownership
information during the annual permit renewal process; and
Require Quota Share (QS) permit owners to provide
information on ownership and participation to the NMFS Northwest
Fishery Science Center Economic Data Collection Program.
At its November 2017 meeting, the Council decided to analyze
alternatives for a range of action issues identified for follow-on
action as part of 2019-2020 biennial Pacific Coast groundfish harvest
specifications (83 FR 66638; December 27, 2018), and deferred several
others issues for consideration in future groundfish actions. In March
2018, the CAB provided input and recommendations as the Council adopted
a final range of alternatives to be included in the follow-on actions
for analysis. At its September 2018 meeting, the Council adopted
preliminary preferred alternatives for each issue included in the
Follow-on Action package. The Council selected the final preferred
alternatives for the remaining follow-on actions to be included in
Amendment 21-4 at its November 2018 meeting.
Concurrent with this proposed rule, NMFS also published a Notice of
Availability to announce the proposed Amendment 21-4 to the Pacific
Coast Groundfish FMP. The Notice of Availability requests public review
and comment on proposed changes to the Council FMP document (84 FR
45706; August 30, 2019).
II. Summary of Proposed Regulations
A. At-Sea Whiting Fishery Set-Aside Bycatch Management
The Pacific Coast groundfish FMP accounts for non-whiting
groundfish bycatch in the at-sea Pacific whiting C/P and MS sectors in
a number of different ways. For most stocks, the Council recommends an
expected annual bycatch level for the at-sea Pacific whiting fishery,
and deducts it before allocating catch to the trawl sector. These
deductions, known as set-asides, do not require closure of the at-sea
Pacific whiting sectors, nor do they require any other management
action if catch exceeds the expected amount of a set-aside. However, as
a part of Amendment 21, the Council set formal allocations for four
species, all of which were overfished at the time. The Council
established allocations of these stocks for the at-sea Pacific whiting
fishery in order to constrain catch. If catch in the at-sea C/P sector
or MS sector exceeds the allocation for these stocks, NMFS is required
to automatically close the sector. Canary rockfish, widow rockfish,
darkblotched rockfish, and Pacific ocean perch (POP) were managed as
allocations for the at-sea Pacific whiting fishery under Amendment 21.
In the past five years, the at-sea sectors have encountered these
species with greater frequency as stocks increased under rebuilding
efforts. In October of 2014 the MS sector experienced an unexpectedly
large bycatch of darkblotched rockfish in a single haul that caused the
sector to exceed its allocation for this species. The automatic closure
provision in regulations at 50 CFR 660.60(d)(1) requires NMFS to close
the at-sea Pacific whiting MS or C/P sectors when a non-whiting
groundfish species with allocations is reached or projected to be
reached. This early fishery closure left a significant portion of the
MS sector's Pacific whiting allocation unattained. NMFS took inseason
action to reapportion darkblotched rockfish from the C/P sector in
order to reopen and allow the MS sector to fully attain its whiting
allocation (79 FR 67095; November 12, 2014).
In 2018 widow rockfish was reapportioned from the MS cooperative
sector to the C/P cooperative sector to avoid a fishery closure similar
to the one that occurred in 2014 (83 FR 5952; September 15, 2018). In
January 2018 the final rule for Amendment 21-3 (83 FR 757; January 8,
2018) converted darkblotched rockfish and POP from allocations to set-
asides. Formulas in the regulations at Sec. 660.55(c)(1)(i)(A) and (B)
are used to determine set-aside amounts of darkblotched rockfish and
POP. To ensure the action did not increase the risk of exceeding
darkblotched rockfish or POP annual catch limits (ACLs), the final rule
for Amendment 21-3 also added exceedance of the set-aside amount, plus
an available buffer reserve for unforeseen catch events, to the list of
circumstances requiring automatic closure for the at-sea sectors (MS
and C/P). In the 2019-20 biennial harvest specifications and management
measures (December 12, 2018; 83 FR 63970), the Council recommended, and
NMFS approved, an action that removed the requirement that NMFS
automatically close the at-sea sector if the set-asides for
darkblotched rockfish or POP are exceeded. Amendment 21-3 further
increased the flexibility of at-sea sectors to target their whiting
allocation and provided economic relief from automatic fishery
closures. Under regulations at Sec. 660.150(c)(2)(B) and Sec.
660.160(c)(3) NMFS still has the authority to take inseason action
should a sector's catch of species exceed its set-aside amount with
risk of exceeding harvest specifications, cause unforeseen impact on
another fishery, or result in other conservation concerns.
In the at-sea Pacific whiting fishery, bycatch of canary rockfish
and widow rockfish are currently managed as allocations. Under this
management approach each at-sea sector receives allocations of canary
rockfish and widow rockfish bycatch, and automatic closure of an at-sea
sector is required if the allocation is exceeded. The amount of canary
rockfish bycatch available to the at-sea sectors is determined and
allocated each biennium. The available widow rockfish bycatch
allocation is determined using a set formula in the groundfish FMP and
regulations at Sec. 660.55(c)(1)(i)(C).
This proposed action would remove the allocations of widow rockfish
and canary rockfish and instead create set-asides in the at-sea
sectors, consistent with set-aside management for POP and darkblotched
rockfish. This action would also remove from the regulations formulas
used to determine set-aside or allocation amounts for darkblotched
rockfish, POP, and widow rockfish, and instead use the biennial
specification process to determine set-aside amounts available to the
at-sea Pacific whiting sectors. The Council recommended using the
existing FMP formulas to establish initial amounts in the biennial
harvest specifications and management measure process. The status quo
methods for determining set-asides or allocations available for harvest
of these rockfish species, and changes proposed by Amendment 21-4 are
provided in Table 1.
[[Page 54564]]
Table 1--Current and Proposed Allocation and Management Measures for Bycatch Rockfish Stocks in the At-Sea
Pacific Whiting Sectors
----------------------------------------------------------------------------------------------------------------
Status quo Status quo
Species allocation management Proposed allocation Proposed management
method measures method measures
----------------------------------------------------------------------------------------------------------------
Canary Rockfish............... Determined Allocation--Auto Set-aside amount When set-aside is
through matic closure based on expected reached no action is
biennial when fully Pacific whiting taken, the Council
harvest harvested. fishery bycatch of may choose to take
specifications. this species inseason action if
determined during there is a risk of a
biennial harvest harvest
specifications specification being
process. exceeded, unforeseen
impact on other
fisheries, or
conservation
concerns.
Darkblotched Rockfish......... FMP Formula: 9 Set-aside--No
percent or 25 action required
mt, whichever if catch
is greater, of exceeds set-
the total aside.
limited entry
(LE) trawl
allocation.
Pacific Ocean Perch (POP)..... FMP Formula; 17 Set-aside--No
percent or 30 action required
mt, whichever if catch
is greater, of exceeds set-
the total LE aside.
trawl
allocation.
Widow Rockfish................ FMP Formula: 10 Allocation--Auto
percent or 500 matic closure
mt, whichever when fully
is greater, harvested.
distributed
proportional to
the sectors'
Pacific whiting
allocation.
----------------------------------------------------------------------------------------------------------------
Changing the method used to determine set-asides from set formulas
to management through the biennial specifications process would provide
greater flexibility to managers when determining bycatch amounts for
these four rockfish species, allowing managers to appropriately
anticipate bycatch in the at-sea whiting sector within the process of
setting biennial harvest specifications and management measures. As
with previous changes to bycatch management for the at-sea Pacific
whiting fishery, this action would reduce the risk of constraining
attainment of the full at-sea sector whiting allocation in the event
that bycatch limits of these rockfish species are exceeded. Under the
proposed set-aside management, the sector would not automatically
close, and other management measures would not be required if bycatch
of these species exceeds set-aside amounts. If catch of any of these
four species exceeds the set-aside and there is risk of exceeding a
harvest specification, unforeseen impact on other fisheries, or
conservation concerns, NMFS and the Council may take inseason action
(e.g., time or area closures) to slow catch in the trawl fishery.
Currently, all other non-whiting species in the Pacific whiting fishery
are managed as set-asides with amounts set during the biennial
specifications process. Expected bycatch levels set during the
specification process are generally high enough to cover maximum
Pacific whiting fishery bycatch each year without risk to other harvest
guidelines. Set-aside amounts of darkblotched rockfish and POP
determined in the 2019-20 harvest specifications are higher than have
historically been caught by the at-sea sector. In addition, the biomass
for both canary rockfish and widow rockfish has increased greatly in
recent years as a result of rebuilding efforts. Therefore, the Council
determined it is unlikely that catch in the at-sea Pacific whiting
sectors will exceed set-asides for these four rockfish species at a
level that would result in overfishing.
B. Shorebased IFQ Trawl Sector Quota Transfers
The proposed measures would adjust the quota trading provisions for
participants in the shorebased IFQ sector. The changes would allow for
post-season quota trading, remove the annual vessel limit for post-
season trades, and remove a quota transfer deadline.
Currently, shorebased IFQ fishery participants who have caught more
than their available QP for any stock or stock complex during a given
fishing year enter the following fishing year with their vessel
accounts in deficit. Participants must cover deficits with the
following year's QP allocation. In most fishing years, there are
remaining unused QP available in other vessel accounts at the end of
the fishing year. The proposed action would expand the quota trading
provision to allow participants to cover deficits after the end of the
fishing year by either (1) using QP from the immediately following
fishing year (status quo) or (2) trading with other participants to
acquire surplus QP from the fishing year in which the deficit occurred
(base year), or a combination of both methods. After the end of the
groundfish fishing year on December 31st, QS permit owners would be
able to trade surplus QP to QS permit owners with a deficit of QP from
the base fishing year during a post-season transfer period. The post-
season trading window would last from January 1st until on or about
March 14th of the immediately following fishing year; NMFS would
provide fishery participants advance notice of the dates of the post-
season trading window through public notice. Surplus QP traded during
the post-season trading window could only be transferable for the
purpose of curing vessel account deficits, and would not be eligible
for fishing. For example, a QS permit owner
[[Page 54565]]
starts the 2020 fishing year with 2,000 quota pounds of POP quota on
January 1, and ends the year on December 31 with POP catch totaling
2,250 quota pounds, accruing a deficit of 250 quota pounds. The QS
permit owner would be able to choose to use 250 quota pounds of their
2021 POP quota allocation to cover the deficit, or to purchase unused
2020 POP quota left over from other QS permit owners during the post-
season trading window; the QS permit owner would also be able to choose
a combination of both of these options.
The post-season trading provision interacts with existing carryover
provisions in regulations at Sec. 660.140(e)(5). Surplus QP and QP
deficits at the end of a fishing year can be carried-over to the
following fishing year. The surplus carryover limit is the amount of
surplus QP from the base year that can be fished in the immediately
following fishing year. Surplus QP carryover is limited to a maximum of
10 percent of a QS permit owner's total allocation for a stock or stock
complex, provided that total carryover for the stock or stock complex
does not exceed the ABC for the following year, consistent with
provisions of the Magnuson-Stevens Act National Standard 1 Guidelines.
The deficit carryover limit is the amount of deficit QP that a vessel
may carry into the following fishing year without violating the
carryover regulations. The deficit carryover limit is a maximum of 10
percent of a QS permit owners total cumulative QP (used and unused) in
the vessel account 30 days after the date the deficit is documented.
Under the current regulations, a QS permit owner that has 25 percent of
their total QP for a given stock unused after December 31 may carryover
and fish unused QP equal to 10 percent of the base year's total,
forgoing the remaining 15 percent from the base year. There is no limit
on the amount of deficit QP that QS permit owners carryover from the
base year into the following fishing year, and all deficits require
pound-for-pound payback before the vessel is considered eligible to
fish in the shorebased IFQ fishery in the following year. As an example
of the interaction between the proposed post-season trading provision
and surplus carryover, a QS permit owner with a QP surplus of 25
percent for a given stock, rather than forgoing 15 percent of the
surplus QP over the carryover limit, may instead trade the unused QP to
another QS permit owner with a deficit for the same given stock. The
trade described in this example would occur during the post-season
trading window (January 1st to on or about March 14th of each year),
and prior to NMFS issuing carryover surplus QP into the following year
vessel accounts. The carryover provisions for QP surplus and deficits
will remain in place, allowing QS permit owners the option to either
conduct post-season trading or use surplus carryover to maximize
opportunities to use surplus QP and cover QP deficits.
An additional component of this proposed action would also allow
vessels to cover end-of-the-year deficits that exceed the annual vessel
limit with post-season QP trading, QP allocation for the following
fishing year, or a combination, without restriction from the annual QP
vessel limit of the base or following year. The Catch Share Program
initially included annual vessel limits to ensure no individual or
entity acquired excess, or otherwise unfair access, to fishing
privileges. Deficits exceeding the annual QP vessel limit have occurred
in the fishery when an unexpectedly high bycatch event known as a
``lightning-strike'' takes place. These events are extremely rare and
can result from unpredictable and dense congregations of a single
bycatch species in one area where trawling occurs. Though infrequent,
lightning-strike hauls over the annual QP vessel limit can greatly
impact the ability of the affected QS permit owner to operate in
subsequent years. QS permit owners are required to cover the QP
deficits that result from lighting strikes, but are also constrained by
the annual QP vessel limit from the base fishing year. For this reason,
the QS permit owner must forego fishing until they cover the QP deficit
with QP from the following fishing year under the base year annual QP
vessel limit, in some cases over multiple fishing years. This action
would allow QS permit owners with deficits exceeding the annual QP
vessel limit to cover the deficit by trading post-season for available
unused QP, or to use their QP allocations from the following fishing
year to cure the deficit. While QS permit owners would no longer be
limited by the annual vessel QP limits in curing deficits, they would
violate the carryover regulations if the deficit exceeds the deficit
carryover limit. Vessels affected by lightning-strike hauls would have
the ability to cover deficits more easily, and return to fishing in a
shorter timeframe under the proposed action.
Finally, this action would eliminate the September 1st quota
transfer deadline for shorebased IFQ fishery participants. Current
regulations in Sec. 660.140 (d) require QS permit owners to transfer
QP from a QS account to a vessel account by September 1st. Each year,
QS permit owners receive disbursements of a percentage of the total
allocations for each IFQ stock or stock complex directly to QS
accounts. This allocated percentage is expressed in QPs and cannot be
fished until the QP is transferred to a vessel account. Any unused QP
that have not been transferred from a QS account to a vessel account
expire September 1 of the year they were issued. The proposed action
would make unused QP in QS accounts available for transfer to a vessel
account, for trading and fishing, until December 31st of the fishing
year for which they were issued. Under the proposed action, unused QP
would remain in a QS account after January 1st and would be available
for transfer to a vessel account for use in post-season trading in the
following year until the end of the post-season trading period.
This proposed action would help reduce the overall costs of
participation in the shorebased IFQ sector and ensure the maximum
amount of annual IFQ allocations are used to harvest fish rather than
to cover the base year's QP deficits. The Council's analysis of these
proposed measures did not indicate that they are likely to encourage
participants to engage in fishing practices that regularly exceed
annual QP vessel limits. Because QS permit owners are still required to
cover deficits pound-for-pound, fishing into deficit would carry the
cost of purchasing QP to cover deficits the following fishing year.
C. Catcher Processor (C/P) Permit Accumulation Limits
The proposed action would establish a limit of five at-sea whiting
C/P permits that any individual or entity may own or control in the
event the C/P sector cooperative fails. When developing a limited
access privilege program, the Magnuson-Stevens Act requires that the
Council ``ensure that limited access privilege holders do not acquire
an excessive share of the total limited access privileges in the
program by--(i) establishing a maximum share, expressed as a percentage
of the total limited access privileges, that a limited access privilege
holder is permitted to hold, acquire, or use; and (ii) establishing any
other limitations or measures necessary to prevent an inequitable
concentration of limited access privileges.'' During implementation of
the Catch Share Program, accumulation limits were included for the
shorebased IFQ sector and the at-sea MS sector, to meet requirements
under Section 303A(c)(5)(D) of the Magnuson-Stevens Act. However, no
maximum share of
[[Page 54566]]
limited access privileges in the C/P sector was established.
At the time of the Catch Share Program's development, the C/P
sector had a single voluntary coop that divided by agreement among coop
members the entire catch allocated to this sector. The Council and NMFS
decided that the rationalization program adopted through Amendment 20
would incorporate the voluntary coop structure already in place and
require the annual issuance of a coop permit for the privilege of
harvesting the allocated catch in this particular sector. In the event
the coop failed in the future, Amendment 20 provided for the management
of the CP sector with an IFQ program. The previously existing self-
organized coop did not include accumulation limits, and none were added
when the coop was incorporated as a LAPP through Amendment 20.
During the Catch Share program 5-year review, the Council discussed
C/P coop sector accumulation limits and adopted a June 13, 2017,
control date to support future consideration of accumulation limits (83
FR 18259; April 26, 2018). In this proposed action, an accumulation
limit of owning or controlling a maximum of five C/P-endorsed permits
would be applied to the C/P sector only in the event that the current
C/P cooperative fails and NMFS subsequently implements an IFQ system
for the C/P sector. NMFS will determine that the cooperative has failed
after any C/P-endorsed permits owners withdraw from the coop, one or
more members voluntarily choose to dissolve the coop, or the coop
agreement is no longer valid. The designated coop manager is required
to notify NMFS of the failure, or the Regional Administrator may
conduct an independent investigation to determine whether coop failure
has occurred. Under the proposed action, after receiving notification
from the coop manager or if NMFS has made an independent determination
of a coop failure, NMFS will begin the process of implementing an IFQ
program for the at-sea C/P sector. Through public notice, NMFS will
announce the date on which an IFQ program will become effective for the
C/P sector. Before that date, a publicly announced divestiture period
will be provided in which any entities that control C/P-endorsed
permits must take action to comply with the C/P accumulation limit. The
proposed rule for this action provides regulatory language that sets
forth criteria for the purpose of determining ownership or control a
person or entity has over a C/P endorsed permit. This language is
modeled after the regulatory language currently applicable to the
shorebased IFQ sector. After NMFS implements the IFQ-based C/P fishery,
no individual or entity may own or control more than five C/P-endorsed
permits, and no person or entity may own or control any quota
associated with permits in excess of the five permit limit. Any
individual or entity found to own or control more than five C/P-
endorsed permits will be required to divest ownership of any excess
permits following a divestiture period. Upon determination of a coop
failure, a divestiture period will occur starting with the date the
coop failed and ending on the date an IFQ program is implemented for
the C/P whiting sector. Prior to the date an IFQ program is
implemented, there will be a divestiture period during which any person
owning more than five C/P-endorsed permits will be required to divest
of excess permits. After the date in which an IFQ program is
implemented, any C/P-endorsed permits in excess of the accumulation
limit may be revoked by NMFS and associated QS redistributed to other
C/P-endorsed permit owners.
The Council also considered whether to limit the amount of at-sea
whiting allocation a single entity or individual possessing a C/P
permit could process with the intent that no single entity could
process an excessive proportion of the sector allocation for Pacific
whiting. After taking into account analysis and public comments, the
Council selected the status quo (``No Action'' alternative) as the
final preferred alternative for C/P processing limits. Under the status
quo, a single entity may process up to 100 percent of the C/P sector
whiting allocation. This decision was made to maintain the flexibility
that the coop system provides. Currently three fishing companies
control the ten C/P endorsed permits in the coop; if one company's
vessels were unable to make it to the fishing grounds, it is possible
that a processing limit could impede another company's harvest of fish
on behalf of the absent vessels, thereby restricting full attainment of
the at-sea sectors' whiting allocation. The Council also determined C/P
permit accumulation limits and conversion to IFQ system in the event of
coop failure would achieve the same goal as processing accumulation
limits in the absence of the cooperative management structure.
D. New Data Collections
1. C/P Endorsed Permit Ownership Interest
The proposed action would establish a data collection for C/P
permit owners. The Catch Share Program requires mandatory submission of
ownership information from catcher vessels and MS vessels at the time
of permit application or renewal. The data collection, known as the
Trawl Identification of Ownership Interest form, helps NMFS enforce
accumulation limits and ensures no individual or entity obtains
excessive limited access privileges. When the Catch Share Program was
established, it did not include an accumulation limit and consequently
did not require a collection of ownership information. This action
would establish a requirement for the at-sea whiting C/P sector permit
owners to complete the Trawl Identification of Ownership Interest form
annually during C/P endorsed permit renewal.
The form is used to collect basic trawl vessel or permit owner
information, such as vessel name, permit number, owner name and legal
address, and the names and addresses of other individuals and entities
that have an ownership interest and percentage of ownership for the
vessel or permit. This proposed rule would also support future
consideration by the Council in the event accumulation limits are
required for the at-sea C/P sector as described in Section C of this
preamble.
2. Quota Share Permit Owner Participation and Economic Data
The proposed action would establish an economic data collection for
quota share (QS) permit owners. Currently, any owners, charterers, or
lessees of any vessel, shorebased processor, and first receiver sites
participating in the Catch Share Program are required to submit annual
Economic Data Collection (EDC) forms. The information collected through
EDC forms includes but is not limited to annual data related to costs,
earnings, value, labor, operations, physical characteristics, ownership
and leasing information for vessels, first receiver sites or
processors. The EDC forms also include questions related to costs and
earnings from quota trading (including sales and leases) and the
pattern of owner participation in the fishery. However, these forms do
not currently collect information from QS permit owners who are not
also owners, charterers or lessees of vessels, shorebased processors,
or first receiver sites.
Some participants in the Catch Share Program owned a vessel in the
past, and received an allocation of IFQ and associated QS permit when
the program was first implemented in 2011, but have since sold their
vessel while retaining their QS permit. Reducing the number of active
vessels was one of the intended
[[Page 54567]]
outcomes of rationalizing the trawl fishery under the Catch Share
Program, and the Council anticipated that some participants would own
and trade quota, but not actively fish or process catch. The Catch
Share Program was designed to provide historic fishery participants who
exited the fishery continued benefits through QS ownership. The
existing EDC form was designed to collect detailed economic data on
only active fishery participation associated with vessel, processor, or
first receiver ownership; the same level of economic and participation
data is not currently collected from the category of QS permit owner
that does not also own or operate a vessel or shorebased processor/
first receiver. Because historic fishery participants are not required
to complete an EDC form, the Council and NMFS lack knowledge about how
economic benefits from these inactive or non-fishing permit owners
impact fishing communities.
This action would create a mandatory requirement for all categories
of QS permit owners to complete an EDC Quota Share Permit Owner urvey
form that collects information related to QS permit owner annual
participation in the fishery, and costs and earnings related to QS
permit ownership. This survey will be collected electronically via
webform during the online QS permit application and renewal process.
Information collected on this survey will provide NMFS and the Council
with better understanding of Catch Share Program performance, economic
costs and benefits conferred to fishery dependent communities. Better
evaluation of program performance will support the sustained fishing
community participation in the Catch Share Program, and to the extent
practicable, minimize adverse economic impacts on fishing communities.
E. Clarifications to Cost Recovery Regulatory Text
On March 20, 2014, NMFS published a Public Notice (NMFS-SEA-14-12)
discussing two clarifications to the Pacific Coast Groundfish Trawl
Rationalization Cost Recovery Program that went into effect in January
2014 (78 FR 75268; December 11, 2013). This proposed rule would
implement regulatory language necessary to reflect these two program
clarifications. The first proposed adjustment clarifies that the
deposit principal may be used to refund cost recovery payments made by
credit card through Pay.gov. The second proposed clarification
specifies that in the C/P sector only retained fish, and not discards,
are used in calculating ex-vessel revenue as it relates to determining
cost recovery fees.
F. Technical Corrections
In addition to proposed regulatory changes to implement the
Council's recommendations, this rule also proposes minor technical
corrections. Specifically, these minor technical corrections remove
obsolete baseline dates that were included during implementation of the
Catch Share Program, such as the years when initial trawl allocations
were issued, the first date on which quota transfers were permitted,
and the dates when economic data collections were initiated.
Correction and Clarification for the Amendment 21-4 Notice of
Availability
NMFS is making the following correction and clarification to text
published in the Notice of Availability (NOA) on August 30, 2019 (84
CFR 45706). On page 45708 of the NOA, language stating ``The proposed
FMP amendment is intended to allow the Council increased flexibility to
adjust bycatch limits inseason for the at-sea whiting sectors . . .''
should omit the word ``inseason'', because the Council does not adjust
set-asides through inseason action. The Council can adjust set-asides
during each biennial harvest specification cycle, as described earlier
in the same paragraph in the NOA and also in this preamble in section
II, A, ``At-sea Whiting Fishery Set-Aside Bycatch Management.''
We are also clarifying the meaning of the language on page 45708 of
the NOA that describes Quota Share permit owners who would be
responsible for completing EDC forms under the proposed rule. Following
is the NOA language, as clarified, with additional language noted in
italics: ``The proposed action would also require all Quota Share
permit owners, including those that do not also own charter or lease a
vessel, shorebased processor or first receiver site to submit
participation and quota cost/earning information through a subset of
the Catch Share Economic Data Collection program.''
III. Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a preliminary determination that
this proposed rule is consistent with the Pacific Coast Groundfish FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law.
In making the final determination, NMFS will consider the data, views,
and comments received during the public comment period.
The Office of Management and Budget has determined that this
proposed rule is not significant for purposes of Executive Order 12866.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA) (5
U.S.C. 603). The IRFA describes the economic impact this proposed rule,
if adopted, would have on small entities. A description of the action,
why it is being considered, and the legal basis for this action is
contained in the SUMMARY section and at the beginning of the
SUPPLEMENTARY INFORMATION section of the preamble. A summary of the
analysis follows. A copy of this analysis is available from NMFS (see
ADDRESSES).
The RFA (5 U.S.C. 601 et seq.) requires government agencies to
assess the effects that regulatory alternatives would have on small
entities, defined as any business/organization independently owned and
operated, not dominant in its field of operation (including its
affiliates). A small harvesting business has combined annual receipts
of $11 million \1\ or less for all affiliated operations worldwide.
---------------------------------------------------------------------------
\1\ On December 29, 2015, the National Marine Fisheries Service
(NMFS) issued a final rule establishing a small business size
standard of $11 million in annual gross receipts for all businesses
primarily engaged in the commercial fishing industry (NAICS 11411)
for Regulatory Flexibility Act (RFA) compliance purposes only (80 FR
81194, December 29, 2015; codified at 50 CFR 200.2). The $11 million
standard became effective on July 1, 2016, and after that date it is
to be used in all NMFS rules subject to the RFA. Id. at 81194. This
NMFS rule is to be used in place of the U.S. Small Business
Administration's (SBA) current standards of $20.5 million, $5.5
million, and $7.5 million for the finfish (NAICS 114111), shellfish
(NAICS 114112), and other marine fishing (NAICS 114119) sectors of
the U.S. commercial fishing industry, respectively.
---------------------------------------------------------------------------
A small fish-processing business is one that employs 750 or fewer
persons for all affiliated operations worldwide. NMFS is applying this
standard to C/Ps for the purposes of this rulemaking, because these
vessels earn the majority of their revenue from selling processed fish.
For marinas and charter/party boats, a small business is one that
has annual receipts not in excess of $7.5 million. A wholesale business
servicing the fishing industry is a small business if it employs 100 or
fewer persons on a full[dash]time, part[dash]time, temporary, or other
basis, at all its affiliated operations worldwide.
For the purposes of this rulemaking, a nonprofit organization is
determined to be ``not dominant in its field of
[[Page 54568]]
operation'' if it is considered small under one of the following SBA
size standards: Environmental, conservation, or professional
organizations are considered small if they have combined annual
receipts of $15 million or less, and other organizations are considered
small if they have combined annual receipts of $7.5 million or less.
The RFA defines small governmental jurisdictions as governments of
cities, counties, towns, townships, villages, school districts, or
special districts with populations of less than 50,000.
When an agency proposes regulations, the RFA requires the agency to
prepare and make available for public comment an IRFA that describes
the impact on small businesses, non-profit enterprises, local
governments, and other small entities. The IRFA is to aid the agency in
considering all reasonable regulatory alternatives that would minimize
the economic impact on affected small entities.
Description of the Reasons Why Action by the Agency Is Being Considered
This action proposes changes to the Catch Share Program intended to
complete outstanding elements of the program, respond to problems
identified after implementing the program, and modify outdated
regulations. A complete description of the action, why it is being
considered, and the legal basis for this action are contained in
Amendment 21-4, and elsewhere in the preamble to this proposed rule,
and are not repeated here.
Description and Estimate of the Number of Small Entities to Which the
Rule Applies, and Estimate of Economic Impacts by Entity Size and
Industry
For the purpose of the RFA analysis, this proposed rule will impact
entities that own quota share permits and entities that both process
and harvest groundfish. For RFA purposes NMFS classifies a business
primarily engaged in commercial fishing (NAICS code 11411) as a small
business if it is independently owned and operated, is not dominant in
its field of operation (including its affiliates), and has combined
annual receipts not in excess of $11 million for all its affiliated
operations worldwide. Based on the holdings of first receiver permits
in the West Coast Region permits database, 22 non-whiting quota share
permit owners are estimated to be primarily engaged in seafood product
preparation and packaging. According to the NMFS size standard, three
of the entities that own three first receiver permits are considered
small. These small processing entities were issued 1.7 percent of the
non-whiting QP issued in 2018, the most recent year available. Some of
these small processing entities also own groundfish permits, required
on both catcher vessels and C/Ps, which would be regulated by the
proposed rule; three small entities primarily engaged in seafood
processing own two limited entry groundfish permits.
Limited entry groundfish permit vessels are required to self-report
size across all affiliated entities. Of the businesses that earn the
majority of their revenue from commercial fishing, 30 groundfish vessel
permits are owned by seven entities that are considered large according
to the SBA size standard and as self-reported on groundfish permits and
first receiver site license permits. Six of these seven large
processing entities were issued 10.2 percent of the non-whiting QP
issued in 2018 across sixteen quota share permits.
Entities that are not registered as trusts, estates, governments,
or non-profits are assumed to earn the majority of their revenue from
commercial fishing.This definition is used for 124 QS permit owners,
who collectively received 76.5 percent of the quota pounds issued in
2018. Of 118 trawl endorsed permits, 117 are owned by commercial
fishing entities in 2019; 5 of these entities self-reported as large.
Of the businesses who earn the majority of their revenue from
commercial fishing, one that self-reported as large, owns four
groundfish permits and one quota share permit. Many groundfish trawl
permit owners also own quota share permits; however, it is not possible
with available data to tabulate unique ownership across quota share
permits and groundfish permits, so the numbers provided likely
represent the maximum number of entities impacted.
The RFA recognizes and defines a small governmental jurisdiction as
any government or district with a population of less than 50,000
persons. According to the public IFQ Account database as of June 19,
2018, the City of Monterey owns quota shares of ten species. The U.S.
Census estimates the population of Monterey to be 28,454 as of July 1,
2017, so the City of Monterey would be considered a small governmental
jurisdiction under the RFA definition. The City of Monterey received
0.5 percent of the quota pounds issued for 2018, according to the
public IFQ Account database.
According to the public IFQ Account database, six not-for-profit
organizations own quota share in the Catch Share Program and would be
impacted by this proposed rule. The RFA defines a small organization as
any not-for-profit enterprise that is independently owned and operated
and not dominant in its field. NMFS uses the SBA size standards to
determine whether a not-for-profit organization is a ``small
organization.'' By SBA size standards, a small organization has
combined annual receipts of $15 million or less for environmental,
conservation, or professional organizations, and $7.5 million or less
for other organizations.
Five of these not-for-profit organizations would be considered
small by the RFA definition and the SBA size standard, using 2016
annual receipts of $120-500 thousand dollars, as reported on IRS form
990. One not-for-profit organization self-reported as large, based on
fiscal year 2017 receipts of $1.1 billion. Collectively, the five small
not-for-profit organizations received 7.2 percent of the non-whiting
quota pounds issued in 2018 (issued annually through a separate
rulemaking process) and the large not-for-profit organization received
0.5 percent. The large not-for-profit organization also owned two
limited entry trawl permits that would be impacted by the management
measures of the rule. The small not-for-profits owned 3 permits.
Finally, 11 personal or family trusts/estates owned quota share
permits and would potentially be impacted by the trawl sector
allocation under this proposed rule. All of these are assumed to be
smaller than the RFA size standard. Collectively, these eight small
entities received 4.2 percent of the non-whiting quota pounds issued
for 2018. Five of these entities owned five groundfish permits.
This action is expected to have a significant economic impact on a
substantial number of small entities; however, the effects on the
regulated small entities identified in this analysis are expected to
range from neutral to positive. Under the proposed action, small
entities would not be placed at a competitive disadvantage relative to
large entities, and the regulations would not reduce the profits for
any small entities. An initial regulatory flexibility analysis was
prepared to support this conclusion.
Description of Record-Keeping, and Reporting, Requirements of This
Proposed Rule
This proposed rule would require modifications to current
recordkeeping and reporting requirements for two information
collections. Under the Pacific Coast Groundfish Trawl Rationalization
Program Permit and License Information Collection (OMB Control Number
0648-0620) C/P-endorsed permit owners would be required by the proposed
rule to submit
[[Page 54569]]
annual ownership interest information via the Trawl Identification of
Ownership Interest form. Under the West Coast Groundfish Trawl Economic
Data Collection (OMB Control Number 0648-0618) a new Quota Share Permit
Owner survey form would be implemented by this proposed rule, and all
owners of a quota share permit would be required to submit the
completed form annually. A description of the revision for the two
existing information collection requirements follows.
C/P Endorsed Permit Ownership Interest Form
The modifications would require C/P endorsed permit owners to
complete Trawl Owner Identification of Interest forms during annual
permit renewal under OMB Control Number 0648-0620. Currently there are
10 C/P endorsed permits approved by NMFS in the Catch Share program.
These permits are held by three companies with no single company owning
more than five permits. As each company is a controlling entity, three
is the minimum number of affected entities that would be expected to
require submission of one Trawl Identification of Ownership Interest
form for each C/P endorsed permit. The requested change in information
collection would require from C/P permit owners the same level of
ownership interest identification as required of mothership and catcher
vessel permit owners. The current cooperative structure of the C/P
sector helps to ensure no single entity acquires excessive privilege in
the sector. However, in the event of a coop failure, it would be
necessary to set accumulation limits, which would require NMFS to track
ownership interest in C/P endorsed permits. Additionally, NMFS does not
anticipate any new fishery entrants will apply for C/P endorsed
permits, nor will NMFS approve any new C/P endorsed permits.
Economic Data Collection From Quota Share Permit Owners
The proposed action would require changes to the Catch Share
Program Economic Data Collection OMB Control Number 0648-0618. The
proposed rule would change reporting requirements for owners of quota
share permits to submit information to the Catch Share Program Economic
Data Collection (EDC) Program. Participants in the Catch Share Program
who own, lease or charter vessels, shorebased processors, or first
receiver sites are required to submit annual economic data to the EDC
Program through survey forms corresponding to these characteristics of
participation. The EDC Program currently does not require submission of
forms from quota share permit owners who do not also own, lease or
charter vessels, shorebased processors, or first receiver sites. The
proposed rule would add a requirement for submission of EDC forms from
all participants who own a quota share permit, including those who do
not otherwise participate in the fishery other than by owning a quota
share permit. Quota share permit owners will submit this form
electronically via webform during the annual quota share account
application and renewal process. The proposed submission deadline for
the Quota Share Permit Owner survey will be November 30th in order to
align with other quota share account application and renewal materials,
rather than September 1st, as is required for other EDC forms.
Federal Rules Which May Duplicate, Overlap, or Conflict With This
Proposed Rule
The proposed action does not duplicate, overlap, or conflict with
any other Federal rules.
Description of Significant Alternatives to the Proposed Action Which
Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize Any Significant Economic Impact on Small Entities
This rule is not expected to result in adverse impacts to small
entities. Thus, there are no significant alternatives to the proposed
rule that would minimize adverse economic impacts on small entities.
The Council did consider alternatives to the proposed rule which would
have had a lower level of benefits to small entities; however, the
Council did not consider alternatives that would have had greater
benefits to small entities, as these would not have been consistent
with other applicable laws.
Paperwork Reduction Act (PRA) Collection-of-Information Requirements
This action contains a revision of two existing information
collection requirements, which have previously been approved by the
Office of Management and Budget (OMB). The changes under this proposed
rule are subject to review and approval by OMB. NMFS has submitted
these requirements to OMB for approval under Control Number 0648-0620
Pacific Coast Groundfish Trawl Rationalization Program Permit and
License Information Collection, and under Control Number 0648-0618 West
Coast Groundfish Trawl Economic Data Collection.
Under this proposed rule, modifications to OMB Control Number 0648-
0620 would require completion of the Trawl Identification of Ownership
Interest form by three different fishing companies that own the 10 at-
sea Pacific Whiting C/P-endorsed limited entry permits. The public
reporting burden is expected to require approximately 3.5 minutes to
complete each form once per year during C/P-endorsed permit renewal. In
the first year, respondents may require more time to complete the
forms, requiring a one-time estimate of 45 minutes per form for a total
annual burden increase of 7.5 hours in the first year, and 35 minutes
in following years. The total copy costs per form under this collection
would be $0.35, for a total increase of $3.5 to annual public burden
costs.
Based on 2018 data from EDC responses and the public QS permit
database, the public reporting burden for the change in requirement
under Control Number 0648-0618 is expected to include approximately 178
Quota Share permit owners. The new reporting requirement would add to
the EDC collection approximately 73 new respondents who are QS permit
owners, who are not also owners, charterers, or lessees of vessels, or
processors and other first receiver sites, and as a result have not
previously completed EDC forms. Current burden time estimates for the
EDC are approximately 8 hours per year and include questions relating
to both QS permit ownership and vessel operations. The new form would
collect more detailed QS permit ownership information than in prior
years, increasing the total public burden hours. The new QS Permit
owner survey is expected to take approximately 1 hour, once per year,
for all 178 respondents to complete, adding 178 hours to the total (for
an increase from 2,224 hours to 2,402 hours) These forms would be
collected electronically during the QS permit renewal process, thereby
reducing the mailing costs to respondents. Respondents would be asked
to retain a copy of the survey for their records (at $0.20 per survey),
and would increase total costs by $36 (from $4,120 to $4,156).
Public comment is sought regarding: Whether the proposed collection
of information requirements are necessary for the proper performance of
the agency, including whether the information shall have practical
utility; the accuracy of the burden statement; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collected information, including
through the use of automated
[[Page 54570]]
collection techniques or other forms of information technology. Send
comments on these or any other aspects of the collection of
information, to NMFS (see ADDRESSES), and by email to
[email protected] or fax to 202-395-5806.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to penalty for
failure to comply with, a collection of information subject to the
requirement of the PRA, unless that collection of information displays
a currently valid OMB control number. All currently approved NOAA
collections of information may be viewed at: https://www.cio.noaa.gov/services_programs/prasubs.html.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indians.
Dated: October 2, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is
proposed to be amended as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. 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. 660.55:
0
a. Revise paragraphs (a), (c)(1), (d), and (j), and
0
b. Remove and reserve paragraph (f)(2).
The revisions read as follows:
Sec. 660.55 Allocations.
(a) General. The opportunity to harvest Pacific Coast groundfish is
allocated among participants in the fishery when the ACLs for a given
year are established in the biennial harvest specifications. For any
stock that has been declared overfished, any formal allocation may be
temporarily revised for the duration of the rebuilding period. For
certain species, primarily trawl-dominant species, separate allocations
for the trawl and nontrawl fishery (which for this purpose includes
limited entry fixed gear, directed open access, and recreational
fisheries) will be established biennially or annually using the
standards and procedures described in Chapter 6 of the PCGFMP. Chapter
6 of the PCGFMP provides the allocation structure and percentages for
species allocated between the trawl and nontrawl fisheries. Also, for
those species not subject to the trawl and nontrawl allocations
specified under Amendment 21 and in paragraph (c)(1) of this section,
separate allocations for the limited entry and open access fisheries
may be established using the procedures described in Chapters 6 and 11
of the PCGFMP and this subpart. Allocation of sablefish north of
36[deg] N lat is described in paragraph (h) of this section and in the
PCGFMP. Allocation of Pacific whiting is described in paragraph (i) of
this section and in the PCGFMP. Allocation of black rockfish is
described in paragraph (l) of this section. Allocation of Pacific
halibut bycatch is described in paragraph (m) of this section.
Allocations not specified in the PCGFMP are established in regulation
through the biennial harvest specifications and are listed in Tables 1
a through d and Tables 2 a through d of this subpart.
* * * * *
(c) * * * (1) Species/species groups and areas allocated between
the trawl and non-trawl fisheries are allocated based on the amounts
and percentages in the table below. IFQ species not listed in the table
below are allocated between the trawl and nontrawl fisheries through
the biennial harvest specifications process.
Allocation Amounts and Percentages for Limited Entry Trawl and Non-Trawl
Sectors Specified for FMP Groundfish Stocks and Stock Complexes
------------------------------------------------------------------------
All non-treaty LE All non-treaty non-
Stock or complex trawl sectors trawl sectors
(percent) (percent)
------------------------------------------------------------------------
Lingcod......................... 45................ 55.
Pacific Cod..................... 95................ 5.
Sablefish S. of 36[deg] N lat... 42................ 58.
PACIFIC OCEAN PERCH............. 95................ 5.
WIDOW........................... 91................ 9.
Chilipepper S. of 40[deg]10' N 75................ 25.
lat.
Splitnose S. of 40[deg]10' N lat 95................ 5.
Yellowtail N. of 40[deg]10' N 88................ 12.
lat.
Shortspine N. of 34[deg]27' N 95................ 5.
lat.
Shortspine S. of 34[deg]27' N 50 mt............. Remaining Yield.
lat.
Longspine N. of 34[deg]27' N lat 95................ 5.
DARKBLOTCHED.................... 95................ 5.
Minor Slope RF North of 81................ 18.
40[deg]10' N lat.
Minor Slope RF South of 63................ 37.
40[deg]10' N lat.
Dover Sole...................... 95................ 5.
English Sole.................... 95................ 5.
Petrale Sole.................... 95................ 5.
Arrowtooth Flounder............. 95................ 5.
Starry Flounder................. 50................ 50.
Other Flatfish.................. 90................ 10.
------------------------------------------------------------------------
(i) Trawl fishery allocation. The allocation for the limited entry
trawl fishery is derived by applying the trawl allocation amounts and
percentages as specified in paragraph (c) of this section and as
specified during the biennial harvest specifications process to the
fishery harvest guideline for species/species groups and areas. For IFQ
species the trawl allocation is further subdivided within each of the
trawl sectors (MS, C/P, and IFQ) as specified in Sec. 660.140,
660.150, and 660.160 of subpart D. The whiting allocation is further
subdivided among the trawl sectors as specified in paragraph (c)(1)(i)
of this section.
[[Page 54571]]
(ii) Nontrawl fishery allocation. For each species/species group
and area, the nontrawl fishery allocation is derived by subtracting
from the corresponding harvest guideline the trawl allocations
specified in paragraph (c) of this section and during the biennial
harvest specifications The nontrawl allocation will be shared between
the limited entry fixed gear, open access, and recreational fisheries
as specified through the biennial harvest specifications process and
consistent with allocations in the PCGFMP.
* * * * *
(d) Commercial harvest guidelines. To derive the commercial harvest
guideline, the fishery harvest guideline is further reduced by the
recreational set-asides. The commercial harvest guideline is then
allocated between the limited entry fishery (both trawl and fixed gear)
and the directed open access fishery, as appropriate.
* * * * *
(j) Fishery set-asides. Annual set-asides are not formal
allocations but they are amounts which are not available to the other
fisheries during the fishing year. For Pacific Coast treaty Indian
fisheries, set-asides will be deducted from the TAC, OY, ACL, or ACT
when specified. For the catcher/processor and mothership sectors of the
at-sea Pacific whiting fishery, set-asides will be deducted from the
limited entry trawl fishery allocation. Set-aside amounts may be
adjusted through the biennial harvest specifications and management
measures process.
* * * * *
0
3. In Sec. 660.60:
0
a. Revise paragraphs (d) introductory text, (d)(1) introductory text,
and (d)(1)(i);
0
b. Remove paragraph (d)(1)(iii);
0
c. Redesignate paragraphs (d)(1)(iv) through (vii) as (d)(1)(iii)
through (vi), respectively.
The revisions read as follows:
Sec. 660.60 Specifications and management measures.
* * * * *
(d) Automatic actions. The NMFS Regional Administrator or designee
will initiate automatic management actions without prior public notice,
opportunity to comment, or a Council meeting. These actions are
nondiscretionary, and the impacts must have been taken into account
prior to the action. Unless otherwise stated, a single notice will be
published in the Federal Register making the action effective if good
cause exists under the APA to waive notice and comment.
(1) Automatic actions will be initiated in the following
circumstances:
(i) Close the MS or C/P sector when that sector's Pacific whiting
allocation is reached, or is projected to be reached. The MS sector
non-coop fishery will be closed by automatic action when the Pacific
whiting or non-whiting allocation to the non-coop fishery has been
reached or is projected to be reached.
* * * * *
Table 1b to Part 660, Subpart C--2019, Allocations by Species or
Species Group [Amended]
0
4. In Table 1b to part 660, subpart C--2019, Allocations by Species or
Species Group, Remove footnotes '`c' through `f', and redesignate
footnote `g' as `c'.
Table 1d to Part 660, Subpart C--At-Sea Whiting Fishery Annual Set-
Asides, 2019 [Removed]
0
5. Remove Table 1d to part 660, subpart C--At-Sea Whiting Fishery
Annual Set-Asides, 2019, and footnotes.
Table 1e to Part 660, Subpart C--Whiting and Non-Whiting Initial
Issuance Allocation Percentage for IFQ Decided Through the Harvest
Specifications, 2011 [Redesignated]
0
6. Redesignate Table 1e to part 660, subpart C--Whiting and non-whiting
initial issuance allocation percentage for IFQ decided through the
harvest specifications, 2011 as Table 1d to part 660, subpart C--
Whiting and non-whiting initial issuance allocation percentage for IFQ
decided through the harvest specifications, 2011.
Table 2d to Part 660, Subpart C--At-Sea Whiting Fishery Annual Set-
Asides, 2020 [Removed]
0
7. Remove Table 2d to Part 660, Subpart C--At-Sea Whiting Fishery
Annual Set-Asides, 2020 and Beyond and footnotes
0
8. In Sec. 660.111, amend the definition of Ex-vessel value by
revising paragraph (3) to read as follows:
Sec. 660.111 Trawl fishery--definitions.
* * * * *
Ex-vessel value * * *
(3) For the C/P Coop Program, the value as determined by the
aggregate pounds of all groundfish species catch (as defined in Sec.
660.11) retained on board, by the vessel registered to a C/P-endorsed
limited entry trawl permit, multiplied by the MS Coop Program average
price per pound as announced pursuant to Sec. 660.115(b)(2).
* * * * *
0
9. In Sec. 660.113, add paragraph (b)(1)(iv), and revise paragraphs
(d)(5)(ii)(A)(2), (d)(5)(ii)(A)(4) and (5) to read as follows:
Sec. 660.113 Trawl fishery--recordkeeping and reporting.
* * * * *
(b) * * *
(1) * * *
(iv) All owners of a quota share (QS) permit as defined at Sec.
660.25(c)
* * * * *
(d) * * *
(5) * * *
(ii) * * *
(A) * * *
(2) The weight of each species of groundfish retained on board.
* * * * *
(4) The ex-vessel value of each species of groundfish retained on
board,
(5) The net ex-vessel value of each species of groundfish retained
on board,
* * * * *
0
10. In Sec. 660.114, revise paragraphs (a), (b), and (c) to read as
follows:
Sec. 660.114 Trawl fishery--economic data collection program.
(a) General. The economic data collection (EDC) program collects
mandatory economic data from participants in the trawl rationalization
program. NMFS requires submission of EDC forms to gather ongoing,
annual economic data, including, but not limited to the following
categories of information related to participation in the trawl
rationalization program:
(1) Annual data related to QS permit owner activity and
characteristics of participation in the fishery, costs and earnings
from quota trades, and quota leasing.
(2) Annual data related to costs, earnings, value, labor,
operations, physical characteristics, ownership and leasing information
for vessels, first receiver sites, or shorebased processors.
(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:
[[Page 54572]]
----------------------------------------------------------------------------------------------------------------
Consequence for failure to submit (In
Economic data Who is required to addition to consequences listed below,
Fishery participant collection submit an EDC? failure to submit an EDC may be a
violation of the MSA.)
----------------------------------------------------------------------------------------------------------------
(1) Limited entry trawl (i) Annual/ (A) All owners, (1) For permit owner, a limited entry
catcher vessels. ongoing lessees, and trawl permit application (including MS/
economic data. charterers of a CV-endorsed limited entry trawl permit)
catcher vessel will not be considered complete until
registered to a the required EDC for that permit owner
limited entry trawl associated with that permit is
endorsed permit. submitted, as specified at Sec.
660.25(b)(4)(i).
(2) 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)(vi) and Sec.
660.140(e).
(3) 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.
(B) [Reserved].......
(2) Motherships.............. (i) Annual/ (A) All owners, (1) For permit owner, an MS permit
ongoing lessees, and application will not be considered
economic data. charterers of a complete until the required EDC for
mothership vessel that permit owner associated with that
registered to an MS permit is submitted, as specified at
permit. Sec. 660.25(b)(4)(i).
(B) [Reserved].......
(2 )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)(vi).
(3) 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) Annual/ (A) All owners, (1) For permit owner, a C/P-endorsed
ongoing lessees, and limited entry trawl permit application
economic data. charterers of a will not be considered complete until
catcher processor the required EDC for that permit owner
vessel registered to associated with that permit is
a C/P-endorsed submitted, as specified at Sec.
limited entry trawl 660.25(b)(4)(i).
permit.
(B) [Reserved].......
(2) 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)(vi).
(3) 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.
(4) First receivers/ (i) Annual/ (A) All owners of a (1) A first receiver site license
shorebased processors. ongoing first receiver site application will not be considered
economic data. license. complete until the required EDC for
that license owner associated with that
license is submitted, as specified at
Sec. 660.140(f)(3). See paragraph
(b)(4)(i)(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.
(5) Quota Share Permit Owners (i) Annual/ (A) All owners of a (1) A Quota Share permit application or
ongoing Quota Share permit permit renewal package will not be
economic data. and account (as considered complete until the required
defined under Sec. EDC for that permit is submitted, as
660.25 (c)). specified at Sec. 660.140, subpart D.
(B) [Reserved].......
(2) [Reserved].
----------------------------------------------------------------------------------------------------------------
(c) Submission of the EDC forms, and deadline--(1) Submission of
the EDC form. The complete, certified EDC forms must contain valid
responses for all data fields, and must be submitted either by paper or
web form submission as follows:
(i) Paper form submission. Paper forms must be submitted to ATTN:
Economic Data Collection Program (FRAM Division), NMFS, Northwest
Fisheries Science Center, 2725 Montlake Boulevard East, Seattle, WA
98112.
(ii) Web form submission. Completed EDC web forms must be submitted
electronically via the Economic Data Collection Program Web Form portal
through NOAA.gov/fisheries and the signature page faxed, mailed, or
hand-delivered to NWFSC.
(2) Deadline. Complete, certified EDC forms must be mailed and
postmarked by or hand-delivered to NMFS NWFSC no later than September 1
each year for the prior year's data.
(3) Quota Share Permit Owner Survey Submissions and Deadline. Quota
Share Permit Owner survey forms are submitted by webform only during
the quota account application and renewal process specified at Sec.
660.140(d)(2). The complete certified Quota Share Permit
[[Page 54573]]
Owner survey must be submitted no later than November 30 of each year.
* * * * *
0
11. In Sec. 660.115, revise paragraphs (d)(1)(ii)(B) and (C) to read
as follows:
Sec. 660.115 Trawl fishery--cost recovery program.
* * * * *
(d) * * *
(1) * * *
(ii) * * *
(B) Fee collection deposits. Each fish buyer, no less frequently
than at the end of each month, shall deposit, in the deposit account
established under paragraph (d)(1)(ii)(A) of this section, all fees
collected, not previously deposited, that the fish buyer collects
through a date not more than two calendar days before the date of
deposit. The deposit principal may not be pledged, assigned, or used
for any purpose other than aggregating collected fee revenue for
disbursement to the Fund in accordance with paragraph (d)(1)(ii)(C) of
this section. The fish buyer is entitled, at any time, to withdraw
deposit interest, if any, but never deposit principal, from the deposit
account for the fish buyer's own use and purposes. If the fish buyer
has used a credit card to pay the cost recovery fee, the deposit
principal may be used to reimburse the credit card in the same amount
as the fee payment.
(C) Deposit principal disbursement. Not later than the 14th
calendar day after the last calendar day of each month, or more
frequently if the amount in the account exceeds the account limit for
insurance purposes, the fish buyer shall disburse to NMFS the full
deposit principal then in the deposit account. The fish buyer shall
disburse deposit principal by electronic payment to the Fund subaccount
to which the deposit principal relates. If the fish buyer has used a
credit card to pay the cost recovery fee, the deposit principal may be
used to reimburse the credit card in the same amount as the fee
payment. NMFS will announce information about how to make an electronic
payment to the Fund subaccount in the notification on fee percentage
specified in paragraph (b)(2) of this section. Each disbursement must
be accompanied by a cost recovery form provided by NMFS. Recordkeeping
and reporting requirements are specified in paragraph (d)(4) of this
section and at Sec. 660.113(b)(5) for the Shorebased IFQ Program and
Sec. 660.113(c)(5) for the MS Coop Program. The cost recovery form
will be available on the pay.gov website.
* * * * *
0
12. In Sec. 660.140, revise paragraphs (d)(1)(ii) introductory text,
(d)(2)(iii) introductory text, paragraphs (d)(3)(i)(D),
(d)(3)(ii)(B)(2), (d)(3)(ii)(B)(3), (e)(3)(iii)(A) and (B), paragraphs
(e)(4)(i) introductory text, and paragraphs (e)(4)(ii), and (e)(5) to
read as follows:
Sec. 660.140 Shorebased IFQ Program.
* * * * *
(d) * * *
(1) * * *
(ii) Annual QP and IBQ pound allocations. QP and IBQ pounds will be
deposited into QS accounts annually. QS permit owners will be notified
of QP deposits via the IFQ website and their QS account. QP and IBQ
pounds will be issued to the nearest whole pound using standard
rounding rules (i.e., decimal amounts less than 0.5 round down and 0.5
and greater round up). NMFS will distribute such allocations to the
maximum extent practicable, not to exceed the total allocation. QS
permit owners must transfer their QP and IBQ pounds from their QS
account to a vessel account in order for those QP and IBQ pounds to be
fished. QP and IBQ pounds must be transferred in whole pounds (i.e., no
fraction of a QP or IBQ pound can be transferred). All QP and IBQ
pounds in a QS account must be transferred to a vessel account between
January 1 and December 31 of the year for which they were issued in
order to be fished.
* * * * *
(2) * * *
(iii) QS permit application process. NMFS will accept a QS permit
application from January 1 to November 30 of each calendar year. QS
permit applications received between December 1 and December 31 will be
processed by NMFS in the following calendar year. NMFS will issue only
one QS permit to each unique person, as defined at Sec. 660.11 subject
to the eligibility requirements at paragraph (d)(2)(i) of this section.
Each applicant must submit a complete application. A complete
application includes a QS permit application form, payment of required
fees, complete documentation of QS permit ownership on the Trawl
Identification of Ownership Interest Form as required under paragraph
(d)(4)(iv) of this section, and a complete economic data collection
form as required under Sec. 660.114. NMFS may require additional
documentation as it deems necessary to make a determination on the
application. The QS permit application will be considered incomplete
until the required information is submitted.
* * * * *
(3) * * *
(i) * * *
(D) QS permits will not be renewed until SFD has received a
complete application for a QS permit renewal, which includes payment of
required fees, complete documentation of QS permit ownership on the
Trawl Identification of Ownership Interest Form as required under
paragraph (d)(4)(iv) of this section, a complete economic data
collection form as required under Sec. 660.114. The QS permit renewal
will be considered incomplete until the required information is
submitted.
* * * * *
(ii) * * *
(B) * * *
(2) Transfer of QS or IBQ between QS accounts. QS permit owners may
transfer QS or IBQ to another owner of a QS permit, subject to
accumulation limits and approval by NMFS. QS or IBQ is transferred as a
percent, divisible to one-thousandth of a percent (i.e., greater than
or equal to 0.001 percent). QS or IBQ cannot be transferred to a vessel
account. Owners of non-renewed QS permits may not transfer QS. QP in QS
accounts cannot be transferred between QS accounts. NMFS will allocate
QP based on the QS percentages as listed on a QS permit that was
renewed during the previous October 1 through November 30 renewal
period. QS transfers will be recorded in the QS account but will not
become effective for purposes of allocating QPs until the following
year. QS or IBQ may not be transferred between December 1 through
December 31 each year. Any QS transaction that is pending as of
December 1 will be administratively retracted. NMFS will allocate QP
for the following year based on the QS percentages as of December 1 of
each year.
(3) Transfer of QP or IBQ pounds from a QS account to a vessel
account. QP or IBQ pounds must be transferred in whole pounds (i.e., no
fraction of a QP can be transferred). QP or IBQ pounds must be
transferred to a vessel account in order to be used. Transfers of QP or
IBQ pounds from a QS account to a vessel account are subject to annual
vessel accumulation limits and NMFS' approval. Once QP or IBQ pounds
are transferred from a QS account to a vessel account (accepted by the
transferee/vessel owner), they cannot be transferred back to a QS
account and may only be transferred to another vessel account. QP or
IBQ pounds may not be transferred from one QS account to another QS
account. All QP or IBQ pounds from a QS account must be transferred to
one or more vessel accounts by December 31 each year in order to be
fished. All QP or IBQ pounds expire at the end of the post-
[[Page 54574]]
season transfer period of the year after which they were issued. If, in
any year, the Regional Administrator makes a decision to reapportion
Pacific whiting from the tribal to the non-tribal fishery or NMFS
releases additional QP consistent with Sec. 660.60(c) and paragraph
(d)(1)(ii) of this section, NMFS will credit QS accounts with
additional QP proportionally, based on the QS percent for a particular
QS permit owner and the increase in the shorebased trawl allocation
specified at paragraph (d)(1)(ii)(D) of this section.
* * * * *
(e) * * *
(3) * * *
(iii) * * *
(A) General. QP or IBQ pounds may only be transferred from a QS
account to a vessel account or between vessel accounts. QP or IBQ
pounds cannot be transferred from a vessel account to a QS account.
Transfers of QP or IBQ pounds are subject to annual vessel accumulation
limits. QP or IBQ pounds must be transferred in whole pounds (i.e., no
fraction of a QP or IBQ pound can be transferred). During the year
there may be situations where NMFS deems it necessary to prohibit
transfers (i.e., account reconciliation, system maintenance, or for
emergency fishery management reasons).
(B) Transfer procedures. QP or IBQ pound transfers from one vessel
account to another vessel account must be accomplished via the online
vessel account. To make a transfer, a vessel account owner must
initiate a transfer request by logging onto the online vessel account.
Following the instructions provided on the website, the vessel account
owner must enter pertinent information regarding the transfer request
including, but not limited to: IFQ species, amount of QP or IBQ pounds
to be transferred for each IFQ species (in whole pound increments);
name and any other identifier of the eligible transferee (e.g., USCG
documentation number or state registration number, as applicable) of
the eligible vessel account receiving the transfer; and the value of
the transferred QP or IBQ pounds. The online system will verify whether
all information has been entered and whether the transfer complies with
vessel limits, as applicable. If the information is not accepted, an
electronic message will record as much in the transferor's vessel
account explaining the reason(s). If the information is accepted, the
online system will record the pending transfer in both the transferor's
and the transferee's vessel accounts. The transferee must approve the
transfer by electronic signature. If the transferee accepts the
transfer, the online system will record the transfer and confirm the
transaction in both accounts through a transaction confirmation notice.
Once the transferee accepts the transaction, the transaction is final
and permanent. QP or IBQ pounds may be transferred between vessel
accounts at any time during January 1 through December 31 each year
unless otherwise notified by NMFS. Unused QP from the previous fishing
year (base year) may be transferred for the purpose of covering end-of-
the-year vessel account deficits through the end of the post-season
transfer period described at paragraph (e)(5)(iv) of this section.
(4) * * *
(i) Vessel limits. For each IFQ species or species group specified
in this paragraph, vessel accounts may not have QP or IBQ pounds in
excess of the annual QP vessel limit in any year, except as allowed by
paragraph (e)(5)(iii) of this section. The annual QP vessel limit is
calculated as all QPs transferred in minus all QPs transferred out of
the vessel account.
* * * * *
(ii) Trawl identification of ownership interest form. Any person
that owns a vessel registered to a limited entry trawl permit and that
is applying for or renewing a vessel account shall document those
persons that have an ownership interest in the vessel greater than or
equal to 2 percent. This ownership interest must be documented with the
SFD via the Trawl Identification of Ownership Interest Form. SFD will
not generate and issue a vessel account unless the Trawl Identification
of Ownership Interest Form has been completed. NMFS may request
additional information of the applicant as necessary to verify
compliance with accumulation limits.
(5) Carryover of Surplus and Deficit QP or IBQ. The carryover
provision allows a limited amount of surplus QP or IBQ pounds in a
vessel account to be carried over from one year (the base year) to the
next immediately following year or allows a deficit in a vessel account
from fishing during the base year to be covered in the immediately
following year with QP or IBQ pounds from the base year or the a
immediately following year, up to a carryover limit without violating
the provisions of this section.
(i) Surplus QP or IBQ pounds. A vessel account with a surplus of QP
or IBQ (unused QP or IBQ pounds) for any IFQ species following the
post-season transfer period specified at paragraph (e)(5)(iv) of this
section, may carryover for use in the year immediately following the
base year amounts of unused QP or IBQ pounds up to its carryover limit
specified at (e)(5)(ii) of this section, and subject to the limitations
of this paragraph. After the post-season transfer period is concluded,
NMFS will complete determination of surplus QP or IBQ pound amounts
that may be carried over into the following year up to the surplus
carryover limit specified at paragraph (e)(5)(ii) of this section. The
amount of surplus QP or IBQ pounds issued as carryover will be reduced
in proportion to any reduction in the ACL-between the base year and the
immediately following year. At the end of the post-season transfer
period, any base year QP or IBQ pounds remaining in vessel accounts
will be suspended from use while NMFS calculates annual surplus
carryover amounts. NMFS will consult with the Council in making its
final determination of the IFQ species and total QP or IBQ amounts to
be issued as annual surplus carryover. After NMFS completes
determination of the annual surplus carryover amounts for each vessel
account, suspended QP or IBQ pounds in excess of the annual surplus
carryover amount will expire. NMFS will subsequently release any
remaining suspended QP or IBQ pounds for issuance as surplus carryover
to vessel accounts from which they were suspended, and notify vessel
account owners of the issuance. Surplus carryover QP or IBQ pounds are
valid for the year in which they are issued (i.e., the year immediately
following the base year). Surplus carryover amounts that would place a
vessel above the annual QP vessel limits for the immediately following
year (specified at paragraph (e)(4) of this section) will not be
issued. Amounts issued as surplus QP or IBQ pounds do not change the
shorebased trawl allocation in the year in which the carryover was
issued. Surplus QP or IBQ pounds may not be carried over for more than
one year.
(ii) Surplus Carryover Limit. The limit for the surplus carryover
is calculated by multiplying 10 percent by the cumulative total QP or
IBQ pounds (used and unused) transferred into a vessel account for the
base year, less any transfers out of the vessel account, QP resulting
from reapportionment of whiting specified at Sec. 660.60(d),
additional QP issued to the account during the year (as specified at
Sec. 660.60(c)(3)(ii)), and previous carryover amounts. The percentage
used for the carryover surplus limit may be changed by Council
recommendation during the biennial specifications and
[[Page 54575]]
management measures process or by routine management measures as
specified in Sec. 660.60(c).
(iii) Deficit QP or IBQ pounds After the end of the base year, a
vessel account may cover the full amount of any deficit (negative
balance) of QP or IBQ pounds using QP or IBQ from the following year,
base year QP or IBQ pounds, through the post-season transfer period, or
a combination, without restriction by annual QP vessel limits. A vessel
account acquiring QP or IBQ after the base year to cover a deficit
resulting from catch in excess of the base year annual QP vessel limits
may still be in violation of annual vessel QP limit provisions
specified at paragraph (e)(4)(i) of this section, or other provisions
of this section, if the deficit exceeds the deficit carryover limit
specified at paragraph (e)(5)(iii)(B) of this section. If an IFQ
species is reallocated between the base year and the following year due
to changes in management areas or subdivision of a species group as
specified at paragraph (c)(3)(vii) of this section, a vessel account
will not carryover the deficit for that IFQ species into the following
year. A vessel account with a deficit for any IFQ species in the base
year, may cover that deficit during the post-season transfer period or
with QP or IBQ pounds from the following year without violating the
provisions of this section if all of the following conditions are met:
(A) The vessel account owner declares out of the Shorebased IFQ
Program for the remainder of the year in which the deficit occurred.
The vessel account owner must submit a signed, dated, and notarized
letter to OLE, declaring out of the Shorebased IFQ Program for the
remainder of the year and invoking the carryover provision to cover the
deficit. Signed, dated, and notarized letters may be submitted to NMFS,
West Coast Region, Office of Law Enforcement, ATTN VMS, Bldg. 1, 7600
Sand Point Way NE, Seattle, WA 98115. If the vessel account owner
covers the deficit later within the same calendar year, the vessel may
re-enter the Shorebased IFQ Program. If the deficit is documented less
than 30 days before the end of the calendar year, exiting out of the
Shorebased IFQ Program for the remainder of the year is not required.
(B) The amount of QP or IBQ pounds required to cover the deficit
from the current fishing year is less than or equal to the vessel's
carryover limit for a deficit. The carryover limit for a deficit is
calculated as 10 percent of the total cumulative QP or IBQ pounds (used
and unused, less any transfers out of the vessel account, and any
previous carryover amounts) in the vessel account 30 days after the
date the deficit is documented;
(C) Sufficient QP or IBQ pounds are transferred into the vessel
account to cure the deficit within 30 days of NMFS' issuance of QP or
IBQ pounds to QS accounts in the following year or the date the deficit
is documented (whichever is later) but not later than the end of the
post-season transfer period; and
(D) The total QP required to cover the vessel's total catch from
the base year is not greater than the annual QP vessel limit for the
base year.
(iv) Post-Season QP or IBQ transfers. A vessel account with a
deficit (negative balance) of QP or IBQ pounds after December 31 for
any IFQ species may conduct post-season transfers to cure the deficit
by obtaining available unused QP or IBQ pounds remaining in other
vessel accounts from the base fishing year. Vessel account owners may
conduct post-season transfers of QP and IBQ pounds according to
transfer procedures specified in paragraph (e)(3)(iii) of this section,
and subject to the following conditions:
(A) Post-season transfers may be conducted during a period starting
January 1 and ending 14 calendar days after NMFS has completed its
determination of the total base year IFQ catch for all vessels for end-
of-the-year account reconciliation. NMFS will issue a public notice
when end-of-the-year account reconciliation has been completed, on or
about March 1 of each year.
(B) QP or IBQ pounds from the base fishing year transferred during
the post-season transfer period may not be fished in any way, and may
only be transferred for the purpose of covering deficits carried into
the immediately following fishing year from the base fishing year.
(C) After the post-season transfer period, remaining QP and IBQ
pounds surplus and deficits from the base fishing year are subject to
carryover provisions specified at paragraphs (e)(5)(ii) and (e)(5)(iii)
of this section.
* * * * *
0
13. In Sec. 660.150 revise paragraphs (c) and (d)(1)(iii)(A)(1)(v) to
read as follows:
Sec. 660.150 Mothership (MS) Coop Program.
* * * * *
(c) MS Coop Program species and allocations--(1) MS Coop Program
species. All species other than Pacific whiting are managed with set-
asides for the MS and C/P Coop Programs, as described in Table 1d to
subpart C of this part.
(2) Annual mothership sector sub-allocations. Annual allocation
amount(s) will be determined using the following procedure:
(i) MS/CV catch history assignments. Catch history assignments will
be based on catch history using the following methodology:
(A) Pacific whiting catch history assignment. Each MS/CV
endorsement's associated catch history assignment of Pacific whiting
will be annually allocated to a single permitted MS coop or to the non-
coop fishery. If multiple MS/CV endorsements and their associated CHAs
are registered to a limited entry permit, that permit may be
simultaneously registered to more than one MS coop or to both a coop(s)
and non-coop fishery. Once assigned to a permitted MS coop or to the
non-coop fishery, each MS/CV endorsement's catch history assignment
remains with that permitted MS coop or non-coop fishery for that
calendar year. When the mothership sector allocation is established,
the information for the conversion of catch history assignment to
pounds will be made available to the public through a Federal Register
announcement and/or public notice and/or the NMFS website. The amount
of whiting from the catch history assignment will be issued to the
nearest whole pound using standard rounding rules (i.e., less than 0.5
rounds down and 0.5 and greater rounds up).
(1) In years where the Pacific whiting harvest specification is
known by the start of the mothership sector primary whiting season
specified at Sec. 660.131(b)(2)(iii)(B), allocation for Pacific
whiting will be made by the start of the season.
(2) In years where the Pacific whiting harvest specification is not
known by the start of the mothership sector primary whiting season
specified at Sec. 660.131(b)(2)(iii)(B), NMFS will issue Pacific
whiting allocations in two parts. Before the start of the primary
whiting season, NMFS will allocate Pacific whiting based on the MS Coop
Program allocation percent multiplied by the lower end of the range of
potential harvest specifications for Pacific whiting for that year.
After the final Pacific whiting harvest specifications are established,
NMFS will allocate any additional amounts of Pacific whiting to the MS
Coop Program.
(B) Non-whiting groundfish species catch--(1) At-sea set-asides of
non-whiting groundfish species will be managed on an annual basis
unless there is a risk of a harvest specification being exceeded,
unforeseen impact on other fisheries, or conservation concerns, in
which case inseason action may be taken. Set asides may be adjusted
through the biennial
[[Page 54576]]
specifications and management measures process as necessary.
(2) Groundfish species not addressed in paragraph (c)(2)(i)(B)(1)
of this section, will be managed on an annual basis unless there is a
risk of a harvest specification being exceeded, unforeseen impact on
other fisheries, or conservation concerns, in which case inseason
action may be taken.
(3) Halibut set-asides. Annually a specified amount of the Pacific
halibut will be held in reserve as a shared set-aside for bycatch in
the at-sea Pacific whiting fisheries and the shorebased trawl sector
south of 40[deg]10' N lat.
(C) Rounding rules may affect distribution of the MS Coop Program
allocations among the catch history assignments for individual MS/CV-
endorsed permits. NMFS will distribute such allocations to the maximum
extent practicable, not to exceed the total allocation.
(ii) Annual coop allocations--(A) Pacific whiting. Each permitted
MS coop is authorized to harvest a quantity of Pacific whiting that is
based on the sum of the catch history assignments for each member MS/
CV-endorsed permit identified in the NMFS-accepted coop agreement for a
given calendar year. Other limited entry permits registered to vessels
that will fish for the coop do not bring catch allocation to a
permitted MS coop.
(B) If all MS/CV-endorsed permits are members of a single coop in a
given year and there is not a non-coop fishery, then NMFS will allocate
100 percent of the MS Coop Program allocation to that coop.
(iii) Annual non-coop allocation--(A) Pacific whiting. The non-coop
whiting fishery is authorized to harvest a quantity of Pacific whiting
that is remaining in the mothership sector annual allocation after the
deduction of all coop allocations.
(B) Announcement of the non-coop fishery allocations. Information
on the amount of Pacific whiting and non-whiting groundfish with
allocations that will be made available to the non-coop fishery when
the final Pacific whiting specifications for the mothership sector is
established and will be announced to the public through a Federal
Register announcement and/or public notice and/or the NMFS website.
(3) Reaching an allocation or sub-allocation. When the mothership
sector Pacific whiting allocation, or Pacific whiting sub-allocation is
reached or is projected to be reached, the following action may be
taken:
(i) Further harvesting, receiving or at-sea processing by a
mothership or catcher vessel in the mothership sector is prohibited
when the mothership sector Pacific whiting allocation is projected to
be reached. No additional unprocessed groundfish may be brought on
board after at-sea processing is prohibited, but a mothership may
continue to process catch that was on board before at-sea processing
was prohibited. Pacific whiting may not be taken and retained,
possessed, or landed by a catcher vessel participating in the
mothership sector.
(ii) When a permitted MS coop sub-allocation of Pacific whiting-is
reached, further harvesting or receiving of groundfish by vessels
fishing in the permitted MS coop must cease, unless the permitted MS
coop is operating under an NMFS-accepted inter-coop agreement.
(iii) When the non-coop fishery sub-allocation of Pacific whiting
is projected to be reached, further harvesting or receiving of
groundfish by vessels fishing in the non-coop fishery must cease.
(4) [Reserved]
(5) Announcements. The Regional Administrator will announce in the
Federal Register when the mothership sector allocation of Pacific
whiting is reached, or is projected to be reached, and specify the
appropriate action. In order to prevent exceeding an allocation and to
avoid underutilizing the resource, prohibitions against further taking
and retaining, receiving, or at-sea processing of Pacific whiting may
be made effective immediately by actual notice to fishers and
processors, by email, internet, phone, fax, letter, press release, and/
or USCG Notice to Mariners (monitor channel 16 VHF), followed by
publication in the Federal Register, in which instance public comment
will be sought for a reasonable period of time thereafter.
(6) Redistribution of annual allocation--(i) Between permitted MS
coops (inter-coop). (A) Through an inter-coop agreement, the designated
coop managers of permitted MS coops may distribute Pacific whiting
allocations among one or more permitted MS coops, provided the
processor obligations at paragraph (c)(7) of this section have been met
or a mutual agreement exception at paragraph (c)(7)(iv) of this section
has been submitted to NMFS.
(B) In the case of a MS coop failure during the Pacific whiting
primary season for the mothership sector, unused allocation associated
with the catch history will not be available for harvest by the coop
that failed, by any former members of the coop that failed, or any
other MS coop for the remainder of that calendar year.
(1) Between the MS coop and non-coop fisheries. Pacific whiting may
not be redistributed between the coop and non-coop fisheries.
(2) Between Pacific whiting sectors. Pacific whiting may not be
redistributed between the mothership sector and catcher/processor
sector. Whiting may not be redistributed to the Shorebased IFQ Program.
(7) Processor obligation and mutual agreement exceptions--(i)
Processor obligation. Through the annual MS/CV-endorsed limited entry
permit renewal process, the MS/CV-endorsed permit owner must identify
to NMFS to which MS permit the MS/CV permit owner intends to obligate
the catch history assignment associated with that permit if they are
participating in the MS coop fishery. Only one MS permit may be
designated for each MS/CV endorsement and associated catch history
assignment.
(ii) Expiration of a processor obligation. Processor obligations
expire at the end of each calendar year when the MS Coop Permit
expires.
(iii) Processor obligation when MS coop allocation is
redistributed. When a permitted MS coop redistributes Pacific whiting
allocation within the permitted MS coop or from one permitted MS coop
to another permitted MS coop through an inter-coop agreement, such
allocations must be delivered to the mothership registered to the MS
permit to which the allocation was obligated under the processor
obligation submitted to NMFS, unless a mutual agreement exception has
been submitted to NMFS.
(iv) Mutual agreement exception. An MS/CV-endorsed permit's catch
history assignment can be released from a processor obligation through
a mutual agreement exception. The MS/CV-endorsed permit owner must
submit a copy to NMFS of the written agreement that includes the
initial MS permit owner's acknowledgment of the release of the MS/CV-
endorsed permit owner's processor obligation and the MS/CV-endorsed
permit owner must identify a processor obligation for a new MS permit.
(v) MS permit withdrawal. If an MS permit withdraws from the
mothership fishery before the resulting amounts of catch history
assignment have been announced by NMFS, any MS/CV-endorsed permit
obligated to the MS permit may elect to participate in the coop or non-
coop fishery. In such an event, the MS permit owner must provide
written notification of its withdrawal to NMFS and all MS/CV-endorsed
permits that are obligated to the MS permit, and the owner of each
[[Page 54577]]
MS/CV-endorsed permit obligated to the MS permit must provide written
notification to NMFS of their intent to either participate in the non-
coop fishery or the coop fishery, and if participating in the coop
fishery must identify a processor obligation for a new MS permit.
(vi) Submission of a mutual agreement exception or MS permit
withdrawal. Written notification of a mutual exception agreement or MS
permit withdrawal must be submitted to NMFS, Northwest Region, Permits
Office, Bldg. 1, 7600 Sand Point Way NE, Seattle, WA 98115.
(d) * * *
(1) * * *
(iii) * * *
(A) * * *
(1) * * *
(v) A description of the coop's plan to adequately monitor and
account for the catch of Pacific whiting and non-whiting groundfish,
and to monitor and account for the catch of prohibited species.
* * * * *
0
14. In Sec. 660.160:
0
a. Revise paragraph (c)(1) introductory text, paragraphs (c)(1)(i),
(c)(3)(i) and (ii);
0
b. Remove paragraph (c)(3)(iii);
0
c. Remove and reserve paragraph (c)(5);
0
d. Revise paragraphs (c)(6), (c)(7), and (d)(1)(iii)(A)(1)(iii), and
paragraph (e)(1) introductory text;
0
e. Add paragraph (e)(1)(iv);
0
f. Revise paragraph (h)(1) introductory text, and paragraphs (h)(2)
through (4);
0
g. Add paragraph (h)(5).
The revisions and additions read as follows:
Sec. 660.160 Catcher/processor (C/P) Coop Program.
* * * * *
(c) * * *
(1) C/P Coop Program species. All species other than Pacific
whiting are managed with set-asides for the MS and C/P Coop Programs.
(i) Species with formal allocations to the C/P Coop Program:
Pacific whiting.
* * * * *
(3) * * *
(i) At-sea sector set-asides of non-whiting groundfish species will
be managed on an annual basis unless there is a risk of a harvest
specification being exceeded, unforeseen impact on other fisheries, or
conservation concerns, in which case inseason action may be taken. Set
asides may be adjusted through the biennial specifications and
management measures process as necessary.
(ii) Groundfish species not addressed in paragraph (c)(3)(i) of
this section, will be managed on an annual basis unless there is a risk
of a harvest specification being exceeded, unforeseen impact on other
fisheries, or conservation concerns, in which case inseason action may
be taken.
* * * * *
(5) [Reserved]
(6) Reaching the catcher/processor sector allocation. When the
catcher/processor sector allocation of Pacific whiting is reached or is
projected to be reached, further taking and retaining, receiving, or
at-sea processing by a catcher/processor is prohibited. No additional
unprocessed groundfish may be brought on board after at-sea processing
is prohibited, but a catcher/processor may continue to process catch
that was on board before at-sea processing was prohibited. The catcher/
processor sector will close when the allocation of any one species is
reached or projected to be reached.
(7) Announcements. The Regional Administrator will announce in the
Federal Register when the catcher/processor sector allocation of
Pacific whiting is reached, or is projected to be reached, and specify
the appropriate action. In order to prevent exceeding an allocation and
to avoid underutilizing the resource, prohibitions against further
taking and retaining, receiving, or at-sea processing of Pacific
whiting may be made effective immediately by actual notice to fishers
and processors, by email, internet, phone, fax, letter, press release,
and/or USCG Notice to Mariners (monitor channel 16 VHF), followed by
publication in the Federal Register, in which instance public comment
will be sought for a reasonable period of time thereafter.
(d) * * *
(1) * * *
(iii) * * *
(A) * * *
(1) * * *
(iii) A description of the coop's plan to adequately monitor and
account for the catch of Pacific whiting and non-whiting groundfish,
and to monitor and account for the catch of prohibited species.
* * * * *
(e) * * *
(1) General. Any vessel participating in the C/P sector of the non-
tribal primary Pacific whiting fishery-must be registered to a valid
limited entry permit with a C/P endorsement subject to the limited
entry permit provisions given at Sec. 660.25(b).
* * * * *
(iv) Trawl identification of ownership interest form. Any person
that is applying for or renewing a C/P-endorsed permit shall document
those persons that have an ownership interest in the permit greater
than or equal to 2 percent. This ownership interest must be documented
with the SFD via the Trawl Identification of Ownership Interest Form.
SFD will not issue a C/P-endorsed permit unless the Trawl
Identification of Ownership Interest Form has been completed.
* * * * *
(h) * * * (1) Conditions for determination of coop failure. The
Regional Administrator will determine that a permitted C/P coop has
failed if any one of the following occurs:
* * * * *
(2) Notification of coop failure. If the permitted C/P coop
dissolves, the designated coop manager must notify NMFS SFD in writing
of the dissolution of the coop to allow the Regional Administrator to
make a determination of coop failure. The Regional Administrator may
also make an independent determination of a coop failure based on
factual information collected by or provided to NMFS. NMFS will notify
the designated coop manager in writing in the event the Regional
Administrator determines the coop has failed.
(3) Coop permit no longer in effect. Upon determination of a coop
failure, the C/P coop permit will no longer be in effect.
(4) Conversion to IFQ Fishery. The C/P sector will convert to an
IFQ-based fishery beginning the following calendar year after a
determination of a coop failure, or as soon as practicable thereafter.
NMFS will develop additional regulations, as necessary to implement an
IFQ-based fishery for the C/P sector. Each C/P-endorsed permit will
receive an equal amount of QS from the total C/P sector allocation.
That QS will not be transferable separate from the C/P-endorsed permit
until a determination is made to allow such transfers, necessary
regulations are implemented, and public notice is provided. Any use of
QP or IBQ pounds associated with C/P endorsed permits is prohibited
until the regulations for a C/P sector IFQ system are implemented.
(5) Accumulation Limits. C/P Sector accumulation limits will take
effect in the event that the C/P coop fails and converts to an IFQ-
based fishery. If an IFQ fishery is implemented, any individual or
entity may own or control a maximum of five C/P endorsed permits and QS
allocations associated with those permits, as described in paragraph
(e)(5)(iv) of this section. C/P endorsed permit accumulation limits
will only take effect after determination
[[Page 54578]]
of a coop failure is made and the following administrative process
occurs:
(i) Divestiture Period. Upon determination of a coop failure, a
divestiture period will occur starting with the date that co-op failure
has been determined and running through the date on which an IFQ
program is implemented for the C/P sector or another date specified in
the IFQ program implementing regulations. During the divestiture
period, an individual or entity may not acquire ownership or control
over a total of more than five C/P-endorsed permits. Any entity that
already owns or controls more than five C/P-endorsed permits may not
acquire additional permits. During the divestiture period any entity
who owns or controls C/P-endorsed permits may sell or trade any permits
it owns. C/P-endorsed permits may be voluntarily abandoned to NMFS
using the procedures provided under paragraph (h)(5)(iii) of this
section.
(ii) Divestiture and redistribution process. After conversion to an
IFQ fishery and completion of the divestiture period, any person owning
or controlling C/P-endorsed permits must be in compliance with
accumulation limits, even if that ownership is not reflected in the
ownership records available to NMFS as specified at Sec. 660.140
(e)(1)(iv). Permit owners found to exceed the five permit accumulation
limit for C/P-endorsed permits after the divestiture period are in
violation of the accumulation limits and required to completely divest
of ownership or control of C/P-endorsed permits that exceed the
accumulation limit. C/P-endorsed permits may be voluntarily abandoned
to NMFS using the procedures provided under paragraph (h)(5)(iii) of
this section. If NMFS finds that any entity owns or controls more than
five C/P-endorsed permits, NMFS will make an Initial Administrative
Determination (IAD) that the entity must divest of control or ownership
of permits that exceed the accumulation limit within 30 days or NMFS
will revoke the excess permits in accordance with Sec.
660.25(h)(2)(ii). The permit owner will have the opportunity to appeal
the IAD through the National Appeals Office under the provisions
established at 15 CFR part 906. All QS associated with revoked permits
will be redistributed to all other C/P-endorsed permit owners in
proportion to their QS holdings, based on current ownership records, on
or about January 1 of the calendar year following the year in which the
permits are revoked. This redistribution process will not allow any
entity to receive more than 50 percent of the total QS allocations for
the C/P sector.
(iii) Abandonment of C/P-endorsed permits. C/P-endorsed permits
owners that own or control more than the five permit accumulation limit
may voluntarily abandon C/P-endorsed permits if they notify NMFS in
writing during the divestiture period specified at paragraph (h)(5)(i)
of this section or within 30 days of conversion to an IFQ fishery. The
written abandonment request must include the C/P endorsed permit number
and the associated QS allocation percentage that will be abandoned.
Either the C/P-endorsed permit owner or an authorized representative of
the C/P-endorsed permit owner must sign the request. C/P-endorsed
permit owners choosing to utilize the abandonment option will
permanently relinquish to NMFS any right to the abandoned C/P-endorsed
permit, and the QS associated with that permit will be redistributed as
described under paragraph (h)(5)(ii) of this section. No compensation
will be due for any abandoned permit, or associated QS or QP.
(iv) Review of C/P-permit ownership interest and accumulation
limits. NMFS may request additional information from C/P-permit owners
as necessary to verify compliance with accumulation limits in the event
of C/P coop failure and conversion to IFQ fishery. If NMFS discovers
through review of the Trawl Identification of Ownership Interest Form
that a person is not in compliance with accumulation limits, the person
will be subject to divestiture provisions specified in paragraph
(h)(5)(ii) of this section.
(v) Definition of Ownership or Control. For the purpose of
determining ownership or control a person or entity has over a C/P
endorsed permit, all of the following criteria apply:
(A) The person or entity has the right to direct, or does direct,
in whole or in part, the business of the entity to which the permits
are registered, with the exception of those activities allowed under
paragraphs (h)(5)(v)(C) and (G) of this section.
(B) The person or entity has the right to limit the actions of or
replace, or does limit the actions of or replace, the chief executive
officer, a majority of the board of directors, any general partner, or
any person serving in a management capacity of the entity to which the
C/P permits are registered, with the exception of those activities
allowed under paragraphs (h)(5)(v)(C) and (G) of this section.
(C) With the exception of banks and other financial institutions
that rely on permits as collateral for loans as described under
paragraphs (h)(5)(v)(G) of this section, the person or entity has the
right to direct, or does direct, and/or the right to prevent or delay,
or does prevent or delay, the transfer of the C/P permit associated QS,
or the resulting QP.
(D) The person or entity, through loan covenants or any other
means, has the right to restrict, or does restrict, and/or has a
controlling influence over the day to day business activities or
management policies of the entity to which the permits are registered,
with the exception of those activities allowed under paragraphs
(h)(5)(v)(C) and (G) of this section.
(E) The person or entity has the right to restrict, or does
restrict, any activity related to the C/P permit, associated QS or the
resulting QP, including, but not limited to, use of permits, or
associated QS, or disposition of fish harvested and processed under the
resulting QP, with the exception of those activities allowed under
paragraphs (h)(5)(v)(C) and (G) of this section.
(F) The person or entity has the right to control, or does control,
the management of, or to be a controlling factor in, the entity to
which the C/P permit, associated QS, or the resulting QP, are
registered, with the exception of those activities allowed under
paragraphs (h)(5)(v)(C) and (G) of this section.
(G) With the exception of banks and other financial institutions
that rely on permits as collateral for loans, the person or entity has
the right to cause or prevent, or does cause or prevent, the sale,
lease or other disposition of C/P permits, associated QS, or the
resulting QP.
(1) To qualify for this exception for banks and other financial
institutions that rely on permits as collateral for loans, a bank or
other financial institution must be regularly or primarily engaged in
the business of lending, and must not be engaged in business with, or
be controlled by, entities whose primary business is the harvesting,
processing, or distribution of fish or fish products.
(2) Any state or federally chartered bank or financial institution
that meets the requirement of paragraph (h)(5)(v)(G)(1) of this section
does not need to submit additional information to NMFS.
(3) Any entity that is not a state or federally chartered bank or
financial institution must submit a letter requesting the exception and
disclose the identity and interest share of any shareholder with a 2
percent or more ownership interest in the lender through submission of
the Trawl Identification
[[Page 54579]]
of Ownership Interest Form (see paragraph (e)(1)(iv) of this section).
The lender must make subsequent annual submissions of the letter and
Trawl Identification of Ownership Interest Form to maintain the
exception. Letters requesting the exception and complete Trawl
Identification of Ownership Interest Forms may be submitted to NMFS,
West Coast Region, Permits Office, ATTN: Fisheries Permit Office, Bldg.
1, 7600 Sand Point Way NE, Seattle, WA 98115. NMFS will only accept
complete applications.
(H) The person or entity has the ability through any means
whatsoever to control or have a controlling influence over the entity
to which a permit associated QS is registered, with the exception of
those activities allowed under paragraphs (h)(5)(v)(C) and (G) of this
section.
[FR Doc. 2019-21894 Filed 10-9-19; 8:45 am]
BILLING CODE 3510-22-P
