Pacific Halibut Fisheries; Revisions To Catch Sharing Plan and Domestic Management Measures in Alaska, 64023-64027 [2019-25072]
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Federal Register / Vol. 84, No. 224 / Wednesday, November 20, 2019 / Rules and Regulations
Dated: November 14, 2019.
Shelly E. Finke,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
Authority for Action
BILLING CODE 5001–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 300 and 679
[Docket No. 191114–0081]
RIN 0648–BH94
Pacific Halibut Fisheries; Revisions To
Catch Sharing Plan and Domestic
Management Measures in Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule implements
regulations that require Charter Halibut
Permits (CHPs) to be registered annually
with NMFS before use. In 2010, NMFS
implemented the Charter Halibut
Limited Access Program that issued a
limited number of CHPs to persons who
operate in the guided sport (charter)
halibut fishery on the waters of
International Pacific Halibut
Commission Regulatory Areas 2C and
3A. The annual registration of CHPs is
intended to improve the enforcement of
CHP transfer limitations and ownership
caps, as well as provide additional
information to NMFS and the North
Pacific Fishery Management Council on
any changes in CHP ownership, leasing,
and participation.
DATES: Effective December 20, 2019.
ADDRESSES: Electronic copies of the
Categorical Exclusion and the
Regulatory Impact Review (RIR)
prepared for this action are available
from https://www.regulations.gov or from
the NMFS Alaska Region website at
https://www.fisheries.noaa.gov/region/
alaska. Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this rule may
be submitted by mail to NMFS Alaska
Region, P.O. Box 21668, Juneau, AK
99802–1668, Attn: Glenn Merrill; in
person at NMFS Alaska Region, 709
West 9th Street, Room 401, Juneau, AK;
by email to OIRA_Submission@
omb.eop.gov; or by fax to 202–395–
5806.
FOR FURTHER INFORMATION CONTACT:
Doug Duncan, 907–586–7228.
SUMMARY:
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Conservation and Management Act (16
U.S.C. 1801 et seq.).
SUPPLEMENTARY INFORMATION:
[FR Doc. 2019–25079 Filed 11–19–19; 8:45 am]
The International Pacific Halibut
Commission (IPHC) and NMFS manage
fishing for Pacific halibut (Hippoglossus
stenolepis) through regulations
established under authority of the
Northern Pacific Halibut Act of 1982
(Halibut Act). The IPHC adopts
regulations governing the Pacific halibut
fishery under the Convention between
the United States and Canada for the
Preservation of the Halibut Fishery of
the North Pacific Ocean and Bering Sea
(Convention), signed at Ottawa, Ontario,
on March 2, 1953, as amended by a
Protocol Amending the Convention
(signed at Washington, DC, on March
29, 1979). For the United States,
regulations developed by the IPHC are
subject to acceptance by the Secretary of
State with concurrence from the
Secretary of Commerce. After
acceptance by the Secretary of State and
the Secretary of Commerce, NMFS
publishes the IPHC regulations in the
Federal Register as annual management
measures pursuant to 50 CFR 300.62.
The Halibut Act, at sections 773c(a)
and (b), provides the Secretary of
Commerce with general responsibility to
carry out the Convention and the
Halibut Act. In adopting regulations that
may be necessary to carry out the
purposes and objectives of the
Convention and the Halibut Act, the
Secretary of Commerce is directed to
consult with the Secretary of the
department in which the U.S. Coast
Guard is operating, currently the
Department of Homeland Security.
The Halibut Act, at section 773c(c),
also provides the North Pacific Fishery
Management Council (Council) with
authority to develop regulations,
including limited access regulations,
that are in addition to, and not in
conflict with, approved IPHC
regulations. Regulations developed by
the Council may be implemented by
NMFS only after approval by the
Secretary of Commerce. The Council has
exercised this authority in the
development of subsistence halibut
fishery management measures, the
Charter Halibut Limited Access Program
(CHLAP), and a catch sharing plan and
domestic management measures in
waters in and off Alaska, codified at 50
CFR 300.61, 300.65, 300.66, and 300.67.
The Council also developed the
Individual Fishing Quota (IFQ) Program
for the commercial halibut and sablefish
fisheries, codified at 50 CFR part 679,
under the authority of section 773 of the
Halibut Act and section 303(b) of the
Magnuson-Stevens Fishery
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64023
Management of the Halibut Fishery
Description of the Action Area
This final rule implements regulations
for the management of the guided sport
halibut fishery in IPHC Regulatory
Areas 2C (Southeast Alaska) and 3A
(Southcentral Alaska). This preamble
uses the term ‘‘Area 2C’’ and ‘‘Area 3A’’
to refer to IPHC Regulatory Areas 2C
and 3A, respectively.
Summary Background on Management
of the Charter Halibut Fishery
In addition to this summary, the
preamble to the proposed rule for this
action (84 FR 38912; August 8, 2019)
and Section 3.2 of the RIR provides
detail on charter halibut management
programs that have been implemented
in Areas 2C and 3A.
Guided sport fishing in Areas 2C and
3A is currently managed under the
CHLAP, which limits the number of
operators in the charter fishery. The
CHLAP established Federal charter
halibut permits (‘‘CHP’’ or ‘‘permit’’) for
operators in the charter halibut fisheries
in Areas 2C and 3A (75 FR 554, January
5, 2010). Since 2011, all vessel operators
in Areas 2C and 3A with charter anglers
on board must have an original, valid
permit on board during every charter
vessel fishing trip on which Pacific
halibut are caught and retained. CHPs
are endorsed for the appropriate
regulatory area and the number of
charter anglers that may catch and
retain halibut on a trip.
NMFS issued both transferable and
nontransferable CHPs depending on
specific qualifying criteria detailed in
the final rule implementing the CHLAP
(75 FR 554, January 5, 2010).
Transferable CHPs were issued to
participants with more extensive
participation in the charter halibut
fishery during the qualifying period and
used to establish a market-based system
of access to the halibut charter fishery
after the initial allocation of permits.
Nontransferable CHPs were
authorized as a means to allow a
business with relatively low
participation during the qualifying
period to continue to operate, while
reducing the size of the charter fleet
over time. Nontransferable CHPs may
not be transferred to another individual
or business entity, and the permits are
invalidated when a permit holder dies,
or the business entity that holds the
permit dissolves or adds new owners.
50 CFR 300.67(j) describes CHP
limitations, including ownership
changes.
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Community Charter Halibut Permits
(Community CHPs) were also made
available to eligible Community Quota
Entities, and Military Charter Halibut
Permits (Military CHPs) were made
available to U.S. Military Morale,
Welfare, and Recreation Programs.
Community CHPs and Military CHPs are
nontransferable and were issued by
NMFS in limited quantities not based
on historical participation, but to
provide economic benefits to small rural
communities and allow military service
members harvesting opportunity.
Administration of CHPs
The CHLAP included ownership gap
regulations that generally prohibit a
person or entity from holding more than
five CHPs to limit potential
consolidation in the charter fishery and
provide continuing opportunities to
access the fishery. Existing businesses
that initially qualified for more than five
permits were allowed to continue their
business at levels above this excessive
share standard; however, they are
prevented from acquiring more permits
than their initial allocation. Permit
transfers that result in a person,
business, or other entity receiving more
than five permits are only approved by
NMFS under limited exceptions. This
preamble uses the term ‘‘ownership
cap’’ to describe the limit on the number
of CHPs that a person or entity is
eligible to hold because this term is
commonly used by participants in the
charter halibut fishery.
Ownership shares were initially
accounted for on the applications for
CHPs. If the initial applicant was not a
sole individual, then the corporation,
partnership, or other business entity
that applied was required to submit the
names of all the individual owners of
the business entity, together with the
percent of the business ownership for
each individual.
If there is a change in the ownership
of either transferable or nontransferable
CHPs, NMFS must be notified. For an
individual CHP holder, a ‘‘change’’
might mean that the person has died, in
which case, NMFS must be notified
within 30 days of the individual’s death
(50 CFR 300.67(j)(5)(i)). For
corporations, partnerships, or other nonindividual entities, a ‘‘change’’ occurs
when a new partner is added, unless it
is a court appointed trustee acting on
behalf of an incapacitated partner (50
CFR 679.42(j)(4)(i)). Non-individual
entity changes must be registered with
NMFS within 15 days of the effective
date of the change. Many ownership
changes occur when a CHP is
transferred; however, other changes
occur when a business entity adds
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partners or shareholders, or an
individual dies. Monitoring the
ownership structure of CHPs is
necessary for NMFS to implement and
enforce features of the CHLAP, such as
transfer provisions, ownership caps, and
the retirement of nontransferable CHPs.
See the proposed rule for a more
complete history and discussion of the
regulations relating to CHPs (84 FR
38912; August 8, 2019).
Need for This Action
Currently, CHPs are indefinitely valid
for the initial recipient or transferee
until the permit is transferred, reissued,
or subject to a qualifying change of
ownership. If a CHP is not lost,
destroyed, transferred, or subject to a
reported change in ownership, then
permit holder information may fall out
of date because there is no regular
reporting requirement to NMFS. Both
transferable and nontransferable CHPs
can also be non-permanently
‘‘transferred’’ or ‘‘leased’’ to another
person to use without record of that
transaction being submitted to NMFS.
This final rule addresses the Council’s
intent to advance several goals under
the CHLAP, including: The enforcement
of CHP ownership caps and on-thewater enforcement through the annual
registration and issuance of valid
permits. By annually documenting and
updating the ownership structure of
active CHPs, this final rule also
facilitates the retirement of
nontransferable permits, as well as
addresses the Council’s intent to collect
information on leasing of CHPs by
identifying whether the CHP holder
received financial compensation for
leasing their permit(s) in the previous
year.
Provisions of This Final Rule
This final rule implements an annual
registration requirement for CHPs. To be
valid, a CHP will need to be registered
with NMFS each calendar year before
use. This annual registration
requirement does not apply to Military
CHPs or Community CHPs due to
existing reporting requirements, but it
does apply to transferrable CHPs held
by CQEs, which are separate from their
Community CHPs.
The registration process requires
submission of a form including the CHP
holder name, CHP number, CHP holder
address, CHP holder phone number
and/or email address, CHP ownership
holdings including all partners and
corporate entities, anyone affiliated with
the CHP holder, and a ‘‘yes’’ or ‘‘no’’
question that asks whether financial
compensation for the use of the CHP
was received in the preceding year. The
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financial compensation question refers
to CHP leases or ‘‘leasing-like’’ behavior,
but does not collect more detailed
information on an arrangement other
than whether one had occurred.
After approval of a CHP annual
registration, NMFS will issue a new
version of the original CHP that is valid
to the CHP holder. The CHP will have
an alphanumeric version code, and the
published CHP list will indicate the
registration status and, if applicable, the
valid version code of each CHP. A CHP
that has been successfully registered
will be valid until December 31 of the
year in which it is registered, unless
transferred, replaced, or otherwise
superseded by a more recent version of
the CHP. Any previous versions of the
CHP will not be valid. Consistent with
existing regulations at 50 CFR 300.67, a
charter vessel guide must have an
original valid CHP on board when
catching and retaining halibut during a
charter vessel fishing trip.
If a CHP holder does not complete the
annual registration process they will
maintain ownership of the CHP, subject
to CHP ownership caps and other CHP
limitations. However, the CHP will not
be valid for use until it has been
successfully registered. The CHP holder
or authorized representative can
complete the annual registration process
at any time, but the original valid CHP
that is issued will always expire on
December 31 of the calendar year the
registration occurred. For example, a
CHP registered at any time during 2020
would expire on December 31, 2020.
Under this final rule, transferring a
CHP is a separate process from the
annual registration of a CHP. A new
owner receiving a CHP through
permanent transfer will be required to
register the CHP before using it, even if
the previous holder had registered it
within the same calendar year.
This final rule also establishes a
standard process in the event a CHP
annual registration is denied. A denial
may occur due to an incomplete or
inaccurate registration application,
registration of a non-transferable permit
by a non-eligible holder, violation of a
CHP ownership cap, or violation of
another CHP limitation. If this occurs,
NMFS will inform the applicant why
the annual registration was denied and
begin a 30-day period in which the
applicant can correct the application. If
NMFS determines that there is still
sufficient reason to deny the application
after corrections and evidence are
received during the 30-day period, an
Initial Administrative Determination
(IAD) detailing the problems will be
issued to the applicant. An applicant
that receives an IAD can appeal the
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denial to the Office of Administrative
Appeals. This is consistent with the
process relating to the denial and appeal
of other NMFS fishing permits.
Finally, this rule makes a nonsubstantive update to the appeal process
for a CHP application. It revises the
outdated reference for the Office of
Administrative Appeals in order to
bring it up to date with current
regulations and practice. This does not
change how appeals are currently made
or handled.
Response to Comments
NMFS received nine comment letters
on the proposed rule. NMFS identified
and considered ten unique, relevant
comments, which are summarized and
responded to below. The commenters
consisted of individuals, representatives
of the charter sector, and representatives
of the commercial fishing sector.
Comment 1: We support the CHP
annual registration requirement because
it will allow for more effective
enforcement of transfer provisions,
ownership caps, non-transferable permit
retirement, and provide a more accurate
picture of CHP ownership and leasing.
We urge the Agency to have the annual
registration in effect for the 2020 charter
season.
Response: NMFS acknowledges this
comment. NMFS intends to have this
CHP annual registration requirement in
place for the 2020 charter fishing
season.
Comment 2: An additional benefit of
an annual registration requirement is
that in the event a CHP holder passes
away, this requirement will serve as a
notification of the existence of the CHP
and may prompt a transfer in ownership
that could keep the permit active rather
than remaining latent and unused.
Response: NMFS acknowledges this
comment. The CHP annual registration
process will indicate whether a CHP has
been registered and could provide
information to someone with a CHP, or
interest in using it, that a transfer and/
or annual registration is required for the
CHP to be valid and therefore usable.
Comment 3: We encourage all steps
directed at reforming charter halibut
management toward a more stable,
transparent environment for invested
operators.
Response: NMFS acknowledges this
comment. The CHP annual registration
process will improve transparency by
regularly documenting CHP ownership
which will help ensure CHP limitations
are adhered to. The additional
information will also help the Council
and NMFS better evaluate if the goals of
the CHLAP are being met, or if potential
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management action is needed to
maintain program stability.
Comment 4: All legal halibut charter
operators have to have a CHP on board
when they retain halibut on a charter
trip and they are all required to fill out
and file Alaska Department of Fish &
Game (ADF&G) Logbook Reports for
each trip. ADF&G collects and tabulates
the CHP catch data weekly and
annually, by owner, operator and CHP
number. NOAA, NMFS, and Council
have access to this same data, making
this collection unnecessary.
Response: NMFS disagrees. The
Alaska Department of Fish & Game
Saltwater Charter Logbook contains the
CHP number and holder name used for
each trip, but it does not contain any
additional information about the CHP
holder, such as whether the CHP has
been leased in the previous year, or
information about the ownership and
affiliation structure related to the
permit. The CHP annual registration
requirement is intended to facilitate
retirement of non-transferable permits
when ownership changes, improve the
ability of enforcement agents to ensure
valid permits are being used on the
water, and improve understanding of
temporary leasing behavior.
Comment 5: Transferable CHP owners
are required to file a 9-page NOAA
Application for Transfer of CHP when
they permanently transfer their CHP.
Therefore, NOAA already gets updated
ownership information for CHP holders.
Response: NMFS acknowledges that
updated CHP holder information is
supplied when a CHP is transferred but
disagrees that transfers alone are
sufficient to provide information for all
fishery participants. On average, only
about 5% of CHPs are transferred each
year which leaves an information gap
for the overwhelming majority of CHP
holders, particularly as some CHPs may
never be transferred (see Section 3.2.4 of
the RIR). This action provides regularly
updated information, which is not
currently collected, from all active CHP
holders.
Comment 6: CHP holders already
have a large list of licenses, permits,
registrations, and contracts to complete
each year. Adding an annual registration
requirement adds additional paperwork
burden which is not worth it. If
registration must be required, it should
only occur every 10 years, at the most
frequent.
Response: The annual registration
requirement is designed to efficiently
address the Council’s management
objectives. The annual registration
requirement regularly documents and
updates ownership information,
facilitates the retirement of
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64025
nontransferable permits, and identifies
whether the CHP holder received
financial compensation for leasing their
permit(s). Longer registration intervals
would allow active CHP information to
fall out of date which would fail to meet
the Council’s management objectives.
The burden and costs of compliance to
accomplish these objectives will be
minimal. Annual registration is
expected to take an average of 15
minutes per application and estimated
to impose less than $20 in labor costs
and other expenses related to submittal.
There is no fee from the agency for the
annual registration process.
Additionally, the CHP holder is not
required to submit the CHP annual
registration on a specific date, and may
submit the annual application shortly
before starting charter operations,
further reducing the potential burden
for applicants.
Comment 7: Whether financial
compensation was received for use of a
CHP should not matter.
Response: NMFS disagrees. The
Council requested this information to
inform potential future management
action related to CHP leasing that
occurs. Currently, no information about
CHP leasing is collected or available.
Furthermore, by gathering this
information as a simple ‘‘yes’’ or ‘‘no’’
question, the reporting burden on the
CHP holder is minimized.
Comment 8: Financial compensation
for use of a CHP needs to be defined.
Response: NMFS agrees, financial
compensation refers to CHP leasing or
‘‘leasing-like’’ behavior. Clear
instructions are provided on the CHP
annual registration form to guide CHP
holders in responding to this question.
Comment 9: There should not be a fee
associated with completing the annual
registration form.
Response: There is no agency fee
charged to complete or submit the CHP
annual registration.
Comment 10: Please specify who is
responsible for completing and
submitting the CHP annual registration.
What if a CHP is being leased or a
lienholder is retaining ownership of the
CHP prior to pay off while another
person uses it? Would the inactive CHP
owner of record, or the active
purchaser/user of the CHP, or both, be
responsible for registration? Also,
leasing should be prohibited for
nontransferable CHPs.
Response: NMFS acknowledges this
comment. The current CHP holder
(owner of record) is responsible for
annual registration of the CHP. Once the
CHP transfer is completed and
approved, the new CHP holder will be
responsible for completing the annual
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registration prior to being issued a valid
CHP. Modifications to the CHP transfer
process and CHP leasing provisions are
not addressed and outside the scope of
this rule.
Changes From Proposed to Final Rule
The NMFS Alaska Region website
address was changed after the proposed
rule was submitted for publication;
therefore, the regulatory text for this
final rule replaces the outdated web
address with the current web address,
which is https://
www.fisheries.noaa.gov/region/alaska.
Classification
Regulations governing the U.S.
fisheries for Pacific halibut are
developed by the IPHC, the Pacific
Fishery Management Council, the North
Pacific Fishery Management Council,
and the Secretary of Commerce. Section
5 of the Halibut Act (16 U.S.C. 773c)
allows the Regional Council having
authority for a particular geographical
area to develop regulations governing
fishing for halibut in U.S. Convention
waters as long as those regulations do
not conflict with IPHC regulations. The
Halibut Act at section 773c(a) and (b)
provides the Secretary of Commerce
with the general responsibility to carry
out the Convention with the authority
to, in consultation with the Secretary of
the department in which the U.S. Coast
Guard is operating, adopt such
regulations as may be necessary to carry
out the purposes and objectives of the
Convention and the Halibut Act. This
final rule is consistent with the Halibut
Act and other applicable laws.
Executive Order 12866
This final rule has been determined to
be not significant for purposes of
Executive Order 12866. This rule is not
an Executive Order 13771 regulatory
action because this rule is not
significant under Executive Order
12866. This final rule also complies
with the Secretary of Commerce’s
authority under the Halibut Act to
implement management measures for
the halibut fishery.
Regulatory Flexibility Act
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
Several comments were received
regarding the increased burden of the
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annual registration requirement or
disputing its utility. These are
addressed in the Response to Comment
section of this final rule. Specifically,
Comment 6 expresses concern about the
increased burden resulting from this
action. The agency response to this
comment briefly summarizes the
rationale for certification which include
the minimal cost and time burden
anticipated to complete the CHP annual
registration process. No comments were
received providing new information for,
or refuting the factual basis for
certification. As a result, a regulatory
flexibility analysis was not required and
none was prepared.
Regulatory Impact Review
An RIR was prepared to assess all
costs and benefits of available regulatory
alternatives. A copy of the RIR is
available from NMFS (see ADDRESSES).
The Council recommended this action
based on those measures that
maximized net benefits to the Nation.
Collection-of-Information Requirements
This final rule contains collection-ofinformation requirements subject to the
Paperwork Reduction Act (PRA) and
which have been submitted for approval
by the Office of Management and
Budget under OMB Control Number
0648–0592, Pacific Halibut Fisheries:
Charter Permits. Public reporting
burden is estimated to average 15
minutes per response for the application
for annual registration of a CHP and 4
hours per response for appeal of a
denied application. These estimates
include the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection information.
Send comments on these burden
estimates or any other aspects of the
collections of information, including
suggestions for reducing the burden, 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 a penalty for failure to comply
with, a collection of information subject
to the requirements 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.reginfo.gov/
public/do/PRAMain.
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List of Subjects
50 CFR Part 300
Administrative practice and
procedure, Antarctica, Canada, Exports,
Fish, Fisheries, Fishing, Imports,
Indians, Labeling, Marine resources,
Reporting and recordkeeping
requirements, Russian Federation,
Transportation, Treaties, Wildlife.
50 CFR Part 679
Alaska, Fisheries, Reporting and
recordkeeping requirements.
Dated: November 14, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 50 CFR parts
300 and 679 as follows:
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
Subpart E—Pacific Halibut Fisheries
1. The authority citation for part 300,
subpart E, continues to read as follows:
■
Authority: 16 U.S.C. 773–773k.
2. In § 300.67, add paragraph (a)(4)
and revise paragraph (h)(6) introductory
text to read as follows:
■
§ 300.67 Charter halibut limited access
program.
*
*
*
*
*
(a) * * *
(4) Annual registration. A charter
halibut permit holder must register a
charter halibut permit with NMFS
during the calendar year when it will be
used to be valid.
(i) Application and submittal. An
application for a charter halibut permit
annual registration will be made
available by NMFS. A completed
registration application may be
submitted using the NMFS-approved
electronic reporting system on the
Alaska Region website at https://
www.fisheries.noaa.gov/region/alaska.
Completed applications may also be
submitted by mail, hand delivery, or
facsimile at any time to the address(s)
listed on the application.
(ii) Complete annual registration. To
be complete, a charter halibut permit
registration application must have all
required fields accurately completed
and be signed and dated by the
applicant.
(iii) Denied registration applications.
If NMFS does not approve an annual
charter halibut permit registration
application, NMFS will inform the
applicant of the basis for its disapproval
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and provide the applicant with a 30-day
evidentiary period in which to correct
any application deficiencies.
(A) Initial Administration
Determination (IAD). NMFS will send
an IAD to the applicant following the
expiration of the 30-day evidentiary
period if NMFS determines there is
sufficient reason to deny the
application. The IAD will indicate the
deficiencies in the application and the
deficiencies with the information
submitted by the applicant in support of
its claim.
(B) Appeal. An applicant that receives
an IAD may appeal to the Office of
Administrative Appeals (OAA) pursuant
to 15 CFR part 906.
*
*
*
*
*
(h) * * *
VerDate Sep<11>2014
16:02 Nov 19, 2019
Jkt 250001
(6) Appeal. An applicant that receives
an IAD may appeal to the Office of
Administrative Appeals (OAA) pursuant
to 15 CFR part 906.
*
*
*
*
*
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
3. The authority citation for part 679
continues to read as follows:
■
Authority: 16 U.S.C. 773 et seq.; 1801 et
seq.; 3631 et seq.; Pub. L. 108–447; Pub. L.
111–281.
4. In § 679.4, revise paragraph
(a)(1)(xv)(A) to read as follows:
(1) * * *
If program
permit or card
type is:
*
*
(xv) * * *.
(A) Charter
halibut permit.
*
■
§ 679.4
Frm 00015
*
Permit is in
effect from
issue date
through the
end of:
*
*
*
*
*
BILLING CODE 3510–22–P
Fmt 4700
*
Until expiration date
shown on
permit.
*
For more
information,
see * * *
Sfmt 9990
E:\FR\FM\20NOR1.SGM
20NOR1
*
§ 300.67 of
this title.
*
*
[FR Doc. 2019–25072 Filed 11–19–19; 8:45 am]
Permits.
(a) * * *
PO 00000
64027
*
Agencies
[Federal Register Volume 84, Number 224 (Wednesday, November 20, 2019)]
[Rules and Regulations]
[Pages 64023-64027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25072]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 300 and 679
[Docket No. 191114-0081]
RIN 0648-BH94
Pacific Halibut Fisheries; Revisions To Catch Sharing Plan and
Domestic Management Measures in Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule implements regulations that require Charter
Halibut Permits (CHPs) to be registered annually with NMFS before use.
In 2010, NMFS implemented the Charter Halibut Limited Access Program
that issued a limited number of CHPs to persons who operate in the
guided sport (charter) halibut fishery on the waters of International
Pacific Halibut Commission Regulatory Areas 2C and 3A. The annual
registration of CHPs is intended to improve the enforcement of CHP
transfer limitations and ownership caps, as well as provide additional
information to NMFS and the North Pacific Fishery Management Council on
any changes in CHP ownership, leasing, and participation.
DATES: Effective December 20, 2019.
ADDRESSES: Electronic copies of the Categorical Exclusion and the
Regulatory Impact Review (RIR) prepared for this action are available
from https://www.regulations.gov or from the NMFS Alaska Region website
at https://www.fisheries.noaa.gov/region/alaska. Written comments
regarding the burden-hour estimates or other aspects of the collection-
of-information requirements contained in this rule may be submitted by
mail to NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802-1668,
Attn: Glenn Merrill; in person at NMFS Alaska Region, 709 West 9th
Street, Room 401, Juneau, AK; by email to [email protected];
or by fax to 202-395-5806.
FOR FURTHER INFORMATION CONTACT: Doug Duncan, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Authority for Action
The International Pacific Halibut Commission (IPHC) and NMFS manage
fishing for Pacific halibut (Hippoglossus stenolepis) through
regulations established under authority of the Northern Pacific Halibut
Act of 1982 (Halibut Act). The IPHC adopts regulations governing the
Pacific halibut fishery under the Convention between the United States
and Canada for the Preservation of the Halibut Fishery of the North
Pacific Ocean and Bering Sea (Convention), signed at Ottawa, Ontario,
on March 2, 1953, as amended by a Protocol Amending the Convention
(signed at Washington, DC, on March 29, 1979). For the United States,
regulations developed by the IPHC are subject to acceptance by the
Secretary of State with concurrence from the Secretary of Commerce.
After acceptance by the Secretary of State and the Secretary of
Commerce, NMFS publishes the IPHC regulations in the Federal Register
as annual management measures pursuant to 50 CFR 300.62.
The Halibut Act, at sections 773c(a) and (b), provides the
Secretary of Commerce with general responsibility to carry out the
Convention and the Halibut Act. In adopting regulations that may be
necessary to carry out the purposes and objectives of the Convention
and the Halibut Act, the Secretary of Commerce is directed to consult
with the Secretary of the department in which the U.S. Coast Guard is
operating, currently the Department of Homeland Security.
The Halibut Act, at section 773c(c), also provides the North
Pacific Fishery Management Council (Council) with authority to develop
regulations, including limited access regulations, that are in addition
to, and not in conflict with, approved IPHC regulations. Regulations
developed by the Council may be implemented by NMFS only after approval
by the Secretary of Commerce. The Council has exercised this authority
in the development of subsistence halibut fishery management measures,
the Charter Halibut Limited Access Program (CHLAP), and a catch sharing
plan and domestic management measures in waters in and off Alaska,
codified at 50 CFR 300.61, 300.65, 300.66, and 300.67. The Council also
developed the Individual Fishing Quota (IFQ) Program for the commercial
halibut and sablefish fisheries, codified at 50 CFR part 679, under the
authority of section 773 of the Halibut Act and section 303(b) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
Management of the Halibut Fishery
Description of the Action Area
This final rule implements regulations for the management of the
guided sport halibut fishery in IPHC Regulatory Areas 2C (Southeast
Alaska) and 3A (Southcentral Alaska). This preamble uses the term
``Area 2C'' and ``Area 3A'' to refer to IPHC Regulatory Areas 2C and
3A, respectively.
Summary Background on Management of the Charter Halibut Fishery
In addition to this summary, the preamble to the proposed rule for
this action (84 FR 38912; August 8, 2019) and Section 3.2 of the RIR
provides detail on charter halibut management programs that have been
implemented in Areas 2C and 3A.
Guided sport fishing in Areas 2C and 3A is currently managed under
the CHLAP, which limits the number of operators in the charter fishery.
The CHLAP established Federal charter halibut permits (``CHP'' or
``permit'') for operators in the charter halibut fisheries in Areas 2C
and 3A (75 FR 554, January 5, 2010). Since 2011, all vessel operators
in Areas 2C and 3A with charter anglers on board must have an original,
valid permit on board during every charter vessel fishing trip on which
Pacific halibut are caught and retained. CHPs are endorsed for the
appropriate regulatory area and the number of charter anglers that may
catch and retain halibut on a trip.
NMFS issued both transferable and nontransferable CHPs depending on
specific qualifying criteria detailed in the final rule implementing
the CHLAP (75 FR 554, January 5, 2010). Transferable CHPs were issued
to participants with more extensive participation in the charter
halibut fishery during the qualifying period and used to establish a
market-based system of access to the halibut charter fishery after the
initial allocation of permits.
Nontransferable CHPs were authorized as a means to allow a business
with relatively low participation during the qualifying period to
continue to operate, while reducing the size of the charter fleet over
time. Nontransferable CHPs may not be transferred to another individual
or business entity, and the permits are invalidated when a permit
holder dies, or the business entity that holds the permit dissolves or
adds new owners. 50 CFR 300.67(j) describes CHP limitations, including
ownership changes.
[[Page 64024]]
Community Charter Halibut Permits (Community CHPs) were also made
available to eligible Community Quota Entities, and Military Charter
Halibut Permits (Military CHPs) were made available to U.S. Military
Morale, Welfare, and Recreation Programs. Community CHPs and Military
CHPs are nontransferable and were issued by NMFS in limited quantities
not based on historical participation, but to provide economic benefits
to small rural communities and allow military service members
harvesting opportunity.
Administration of CHPs
The CHLAP included ownership gap regulations that generally
prohibit a person or entity from holding more than five CHPs to limit
potential consolidation in the charter fishery and provide continuing
opportunities to access the fishery. Existing businesses that initially
qualified for more than five permits were allowed to continue their
business at levels above this excessive share standard; however, they
are prevented from acquiring more permits than their initial
allocation. Permit transfers that result in a person, business, or
other entity receiving more than five permits are only approved by NMFS
under limited exceptions. This preamble uses the term ``ownership cap''
to describe the limit on the number of CHPs that a person or entity is
eligible to hold because this term is commonly used by participants in
the charter halibut fishery.
Ownership shares were initially accounted for on the applications
for CHPs. If the initial applicant was not a sole individual, then the
corporation, partnership, or other business entity that applied was
required to submit the names of all the individual owners of the
business entity, together with the percent of the business ownership
for each individual.
If there is a change in the ownership of either transferable or
nontransferable CHPs, NMFS must be notified. For an individual CHP
holder, a ``change'' might mean that the person has died, in which
case, NMFS must be notified within 30 days of the individual's death
(50 CFR 300.67(j)(5)(i)). For corporations, partnerships, or other non-
individual entities, a ``change'' occurs when a new partner is added,
unless it is a court appointed trustee acting on behalf of an
incapacitated partner (50 CFR 679.42(j)(4)(i)). Non-individual entity
changes must be registered with NMFS within 15 days of the effective
date of the change. Many ownership changes occur when a CHP is
transferred; however, other changes occur when a business entity adds
partners or shareholders, or an individual dies. Monitoring the
ownership structure of CHPs is necessary for NMFS to implement and
enforce features of the CHLAP, such as transfer provisions, ownership
caps, and the retirement of nontransferable CHPs. See the proposed rule
for a more complete history and discussion of the regulations relating
to CHPs (84 FR 38912; August 8, 2019).
Need for This Action
Currently, CHPs are indefinitely valid for the initial recipient or
transferee until the permit is transferred, reissued, or subject to a
qualifying change of ownership. If a CHP is not lost, destroyed,
transferred, or subject to a reported change in ownership, then permit
holder information may fall out of date because there is no regular
reporting requirement to NMFS. Both transferable and nontransferable
CHPs can also be non-permanently ``transferred'' or ``leased'' to
another person to use without record of that transaction being
submitted to NMFS.
This final rule addresses the Council's intent to advance several
goals under the CHLAP, including: The enforcement of CHP ownership caps
and on-the-water enforcement through the annual registration and
issuance of valid permits. By annually documenting and updating the
ownership structure of active CHPs, this final rule also facilitates
the retirement of nontransferable permits, as well as addresses the
Council's intent to collect information on leasing of CHPs by
identifying whether the CHP holder received financial compensation for
leasing their permit(s) in the previous year.
Provisions of This Final Rule
This final rule implements an annual registration requirement for
CHPs. To be valid, a CHP will need to be registered with NMFS each
calendar year before use. This annual registration requirement does not
apply to Military CHPs or Community CHPs due to existing reporting
requirements, but it does apply to transferrable CHPs held by CQEs,
which are separate from their Community CHPs.
The registration process requires submission of a form including
the CHP holder name, CHP number, CHP holder address, CHP holder phone
number and/or email address, CHP ownership holdings including all
partners and corporate entities, anyone affiliated with the CHP holder,
and a ``yes'' or ``no'' question that asks whether financial
compensation for the use of the CHP was received in the preceding year.
The financial compensation question refers to CHP leases or ``leasing-
like'' behavior, but does not collect more detailed information on an
arrangement other than whether one had occurred.
After approval of a CHP annual registration, NMFS will issue a new
version of the original CHP that is valid to the CHP holder. The CHP
will have an alphanumeric version code, and the published CHP list will
indicate the registration status and, if applicable, the valid version
code of each CHP. A CHP that has been successfully registered will be
valid until December 31 of the year in which it is registered, unless
transferred, replaced, or otherwise superseded by a more recent version
of the CHP. Any previous versions of the CHP will not be valid.
Consistent with existing regulations at 50 CFR 300.67, a charter vessel
guide must have an original valid CHP on board when catching and
retaining halibut during a charter vessel fishing trip.
If a CHP holder does not complete the annual registration process
they will maintain ownership of the CHP, subject to CHP ownership caps
and other CHP limitations. However, the CHP will not be valid for use
until it has been successfully registered. The CHP holder or authorized
representative can complete the annual registration process at any
time, but the original valid CHP that is issued will always expire on
December 31 of the calendar year the registration occurred. For
example, a CHP registered at any time during 2020 would expire on
December 31, 2020.
Under this final rule, transferring a CHP is a separate process
from the annual registration of a CHP. A new owner receiving a CHP
through permanent transfer will be required to register the CHP before
using it, even if the previous holder had registered it within the same
calendar year.
This final rule also establishes a standard process in the event a
CHP annual registration is denied. A denial may occur due to an
incomplete or inaccurate registration application, registration of a
non-transferable permit by a non-eligible holder, violation of a CHP
ownership cap, or violation of another CHP limitation. If this occurs,
NMFS will inform the applicant why the annual registration was denied
and begin a 30-day period in which the applicant can correct the
application. If NMFS determines that there is still sufficient reason
to deny the application after corrections and evidence are received
during the 30-day period, an Initial Administrative Determination (IAD)
detailing the problems will be issued to the applicant. An applicant
that receives an IAD can appeal the
[[Page 64025]]
denial to the Office of Administrative Appeals. This is consistent with
the process relating to the denial and appeal of other NMFS fishing
permits.
Finally, this rule makes a non-substantive update to the appeal
process for a CHP application. It revises the outdated reference for
the Office of Administrative Appeals in order to bring it up to date
with current regulations and practice. This does not change how appeals
are currently made or handled.
Response to Comments
NMFS received nine comment letters on the proposed rule. NMFS
identified and considered ten unique, relevant comments, which are
summarized and responded to below. The commenters consisted of
individuals, representatives of the charter sector, and representatives
of the commercial fishing sector.
Comment 1: We support the CHP annual registration requirement
because it will allow for more effective enforcement of transfer
provisions, ownership caps, non-transferable permit retirement, and
provide a more accurate picture of CHP ownership and leasing. We urge
the Agency to have the annual registration in effect for the 2020
charter season.
Response: NMFS acknowledges this comment. NMFS intends to have this
CHP annual registration requirement in place for the 2020 charter
fishing season.
Comment 2: An additional benefit of an annual registration
requirement is that in the event a CHP holder passes away, this
requirement will serve as a notification of the existence of the CHP
and may prompt a transfer in ownership that could keep the permit
active rather than remaining latent and unused.
Response: NMFS acknowledges this comment. The CHP annual
registration process will indicate whether a CHP has been registered
and could provide information to someone with a CHP, or interest in
using it, that a transfer and/or annual registration is required for
the CHP to be valid and therefore usable.
Comment 3: We encourage all steps directed at reforming charter
halibut management toward a more stable, transparent environment for
invested operators.
Response: NMFS acknowledges this comment. The CHP annual
registration process will improve transparency by regularly documenting
CHP ownership which will help ensure CHP limitations are adhered to.
The additional information will also help the Council and NMFS better
evaluate if the goals of the CHLAP are being met, or if potential
management action is needed to maintain program stability.
Comment 4: All legal halibut charter operators have to have a CHP
on board when they retain halibut on a charter trip and they are all
required to fill out and file Alaska Department of Fish & Game (ADF&G)
Logbook Reports for each trip. ADF&G collects and tabulates the CHP
catch data weekly and annually, by owner, operator and CHP number.
NOAA, NMFS, and Council have access to this same data, making this
collection unnecessary.
Response: NMFS disagrees. The Alaska Department of Fish & Game
Saltwater Charter Logbook contains the CHP number and holder name used
for each trip, but it does not contain any additional information about
the CHP holder, such as whether the CHP has been leased in the previous
year, or information about the ownership and affiliation structure
related to the permit. The CHP annual registration requirement is
intended to facilitate retirement of non-transferable permits when
ownership changes, improve the ability of enforcement agents to ensure
valid permits are being used on the water, and improve understanding of
temporary leasing behavior.
Comment 5: Transferable CHP owners are required to file a 9-page
NOAA Application for Transfer of CHP when they permanently transfer
their CHP. Therefore, NOAA already gets updated ownership information
for CHP holders.
Response: NMFS acknowledges that updated CHP holder information is
supplied when a CHP is transferred but disagrees that transfers alone
are sufficient to provide information for all fishery participants. On
average, only about 5% of CHPs are transferred each year which leaves
an information gap for the overwhelming majority of CHP holders,
particularly as some CHPs may never be transferred (see Section 3.2.4
of the RIR). This action provides regularly updated information, which
is not currently collected, from all active CHP holders.
Comment 6: CHP holders already have a large list of licenses,
permits, registrations, and contracts to complete each year. Adding an
annual registration requirement adds additional paperwork burden which
is not worth it. If registration must be required, it should only occur
every 10 years, at the most frequent.
Response: The annual registration requirement is designed to
efficiently address the Council's management objectives. The annual
registration requirement regularly documents and updates ownership
information, facilitates the retirement of nontransferable permits, and
identifies whether the CHP holder received financial compensation for
leasing their permit(s). Longer registration intervals would allow
active CHP information to fall out of date which would fail to meet the
Council's management objectives. The burden and costs of compliance to
accomplish these objectives will be minimal. Annual registration is
expected to take an average of 15 minutes per application and estimated
to impose less than $20 in labor costs and other expenses related to
submittal. There is no fee from the agency for the annual registration
process. Additionally, the CHP holder is not required to submit the CHP
annual registration on a specific date, and may submit the annual
application shortly before starting charter operations, further
reducing the potential burden for applicants.
Comment 7: Whether financial compensation was received for use of a
CHP should not matter.
Response: NMFS disagrees. The Council requested this information to
inform potential future management action related to CHP leasing that
occurs. Currently, no information about CHP leasing is collected or
available. Furthermore, by gathering this information as a simple
``yes'' or ``no'' question, the reporting burden on the CHP holder is
minimized.
Comment 8: Financial compensation for use of a CHP needs to be
defined.
Response: NMFS agrees, financial compensation refers to CHP leasing
or ``leasing-like'' behavior. Clear instructions are provided on the
CHP annual registration form to guide CHP holders in responding to this
question.
Comment 9: There should not be a fee associated with completing the
annual registration form.
Response: There is no agency fee charged to complete or submit the
CHP annual registration.
Comment 10: Please specify who is responsible for completing and
submitting the CHP annual registration. What if a CHP is being leased
or a lienholder is retaining ownership of the CHP prior to pay off
while another person uses it? Would the inactive CHP owner of record,
or the active purchaser/user of the CHP, or both, be responsible for
registration? Also, leasing should be prohibited for nontransferable
CHPs.
Response: NMFS acknowledges this comment. The current CHP holder
(owner of record) is responsible for annual registration of the CHP.
Once the CHP transfer is completed and approved, the new CHP holder
will be responsible for completing the annual
[[Page 64026]]
registration prior to being issued a valid CHP. Modifications to the
CHP transfer process and CHP leasing provisions are not addressed and
outside the scope of this rule.
Changes From Proposed to Final Rule
The NMFS Alaska Region website address was changed after the
proposed rule was submitted for publication; therefore, the regulatory
text for this final rule replaces the outdated web address with the
current web address, which is https://www.fisheries.noaa.gov/region/alaska.
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Pacific Fishery Management Council, the
North Pacific Fishery Management Council, and the Secretary of
Commerce. Section 5 of the Halibut Act (16 U.S.C. 773c) allows the
Regional Council having authority for a particular geographical area to
develop regulations governing fishing for halibut in U.S. Convention
waters as long as those regulations do not conflict with IPHC
regulations. The Halibut Act at section 773c(a) and (b) provides the
Secretary of Commerce with the general responsibility to carry out the
Convention with the authority to, in consultation with the Secretary of
the department in which the U.S. Coast Guard is operating, adopt such
regulations as may be necessary to carry out the purposes and
objectives of the Convention and the Halibut Act. This final rule is
consistent with the Halibut Act and other applicable laws.
Executive Order 12866
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This rule is not an Executive Order
13771 regulatory action because this rule is not significant under
Executive Order 12866. This final rule also complies with the Secretary
of Commerce's authority under the Halibut Act to implement management
measures for the halibut fishery.
Regulatory Flexibility Act
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. Several comments were received
regarding the increased burden of the annual registration requirement
or disputing its utility. These are addressed in the Response to
Comment section of this final rule. Specifically, Comment 6 expresses
concern about the increased burden resulting from this action. The
agency response to this comment briefly summarizes the rationale for
certification which include the minimal cost and time burden
anticipated to complete the CHP annual registration process. No
comments were received providing new information for, or refuting the
factual basis for certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
Regulatory Impact Review
An RIR was prepared to assess all costs and benefits of available
regulatory alternatives. A copy of the RIR is available from NMFS (see
ADDRESSES). The Council recommended this action based on those measures
that maximized net benefits to the Nation.
Collection-of-Information Requirements
This final rule contains collection-of-information requirements
subject to the Paperwork Reduction Act (PRA) and which have been
submitted for approval by the Office of Management and Budget under OMB
Control Number 0648-0592, Pacific Halibut Fisheries: Charter Permits.
Public reporting burden is estimated to average 15 minutes per response
for the application for annual registration of a CHP and 4 hours per
response for appeal of a denied application. These estimates include
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection information.
Send comments on these burden estimates or any other aspects of the
collections of information, including suggestions for reducing the
burden, 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 a penalty
for failure to comply with, a collection of information subject to the
requirements 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.reginfo.gov/public/do/PRAMain.
List of Subjects
50 CFR Part 300
Administrative practice and procedure, Antarctica, Canada, Exports,
Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources,
Reporting and recordkeeping requirements, Russian Federation,
Transportation, Treaties, Wildlife.
50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: November 14, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR parts
300 and 679 as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart E--Pacific Halibut Fisheries
0
1. The authority citation for part 300, subpart E, continues to read
as follows:
Authority: 16 U.S.C. 773-773k.
0
2. In Sec. 300.67, add paragraph (a)(4) and revise paragraph (h)(6)
introductory text to read as follows:
Sec. 300.67 Charter halibut limited access program.
* * * * *
(a) * * *
(4) Annual registration. A charter halibut permit holder must
register a charter halibut permit with NMFS during the calendar year
when it will be used to be valid.
(i) Application and submittal. An application for a charter halibut
permit annual registration will be made available by NMFS. A completed
registration application may be submitted using the NMFS-approved
electronic reporting system on the Alaska Region website at https://www.fisheries.noaa.gov/region/alaska. Completed applications may also
be submitted by mail, hand delivery, or facsimile at any time to the
address(s) listed on the application.
(ii) Complete annual registration. To be complete, a charter
halibut permit registration application must have all required fields
accurately completed and be signed and dated by the applicant.
(iii) Denied registration applications. If NMFS does not approve an
annual charter halibut permit registration application, NMFS will
inform the applicant of the basis for its disapproval
[[Page 64027]]
and provide the applicant with a 30-day evidentiary period in which to
correct any application deficiencies.
(A) Initial Administration Determination (IAD). NMFS will send an
IAD to the applicant following the expiration of the 30-day evidentiary
period if NMFS determines there is sufficient reason to deny the
application. The IAD will indicate the deficiencies in the application
and the deficiencies with the information submitted by the applicant in
support of its claim.
(B) Appeal. An applicant that receives an IAD may appeal to the
Office of Administrative Appeals (OAA) pursuant to 15 CFR part 906.
* * * * *
(h) * * *
(6) Appeal. An applicant that receives an IAD may appeal to the
Office of Administrative Appeals (OAA) pursuant to 15 CFR part 906.
* * * * *
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
3. The authority citation for part 679 continues to read as follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447; Pub. L. 111-281.
0
4. In Sec. 679.4, revise paragraph (a)(1)(xv)(A) to read as follows:
Sec. 679.4 Permits.
(a) * * *
(1) * * *
------------------------------------------------------------------------
Permit is in
If program permit or card type effect from issue For more
is: date through the information, see *
end of: * *
------------------------------------------------------------------------
* * * * *
(xv) * * *......................
(A) Charter halibut permit...... Until expiration Sec. 300.67 of
date shown on this title.
permit.
* * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-25072 Filed 11-19-19; 8:45 am]
BILLING CODE 3510-22-P