Pacific Halibut Fisheries; Catch Sharing Plan, 19207-19210 [2021-07520]
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Proposed Rules
(3) Fumigation; and
(4) Burning.
(E) Habitat restoration actions. Habitat
restoration and enhancement activities
for the conservation of streaked horned
lark may include activities consistent
with formal approved conservation
plans or strategies, such as Federal or
State plans that include streaked horned
lark conservation prescriptions or
compliance, which the Service has
determined would be consistent with
this rule.
(v) Possess and engage in other acts
with unlawfully taken wildlife, as set
forth at § 17.21(d)(2) through (d)(4).
*
*
*
*
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Martha Williams,
Principal Deputy Director, Exercising the
Delegated Authority of the Director, U.S. Fish
and Wildlife Service.
[FR Doc. 2021–06943 Filed 4–12–21; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 210407–0077]
RIN 0648–BK42
Pacific Halibut Fisheries; Catch
Sharing Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS issues this proposed
rule to revise regulations for the
commercial individual fishing quota
(IFQ) Pacific halibut (halibut) fisheries
for the 2021 IFQ fishing year. This
proposed rule would remove limits on
the maximum amount of halibut IFQ
that may be harvested by a vessel,
commonly known as vessel use caps, in
IFQ regulatory areas 4A (Eastern
Aleutian Islands), 4B (Central and
Western Aleutian Islands), 4C (Central
Bering Sea), and 4D (Eastern Bering
Sea). This action is needed to provide
additional flexibility to IFQ participants
in 2021 to ensure allocations of halibut
IFQ can be harvested by the limited
number of vessels operating in these
areas. This action is within the authority
of the Secretary of Commerce to
establish additional regulations
governing the taking of halibut which
are in addition to, and not in conflict
with, those adopted by the International
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SUMMARY:
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Pacific Halibut Commission (IPHC).
This action is intended to promote the
goals and objectives of the IFQ Program,
the Northern Pacific Halibut Act of
1982, and other applicable laws.
DATES: Submit comments on or before
April 28, 2021.
ADDRESSES: You may submit comments,
identified by FDMS Docket Number
NOAA–NMFS–2021–0032, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2021–0032 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Susan Meyer. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: NMFS may not consider
comments sent by any other method, to
any other address or individual, or
received after the end of the comment
period. All comments received are a
part of the public record and will
generally be posted for public viewing
on https://www.regulations.gov without
change. All personal identifying
information (e.g., name, address),
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 copies of the Categorical
Exclusion and the Regulatory Impact
Review (RIR) prepared for this action
(referred to as the ‘‘Analysis’’) are
available from https://
www.regulations.gov or from the NMFS
Alaska Region website at https://
alaskafisheries.noaa.gov.
Additional requests for information
regarding halibut may be obtained by
contacting the IPHC, 2320 W
Commodore Way, Suite 300, Seattle,
WA 98199–1287; or Sustainable
Fisheries Division, NMFS Alaska
Region, P.O. Box 21668, Juneau, AK
99802; Sustainable Fisheries Division.
FOR FURTHER INFORMATION CONTACT:
Abby Jahn, 907–586–7228.
SUPPLEMENTARY INFORMATION:
Authority for Action
The IPHC and NMFS manage fishing
for halibut through regulations
established under the authority of the
Northern Pacific Halibut Act of 1982
(Halibut Act). The IPHC promulgates
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19207
regulations governing the halibut fishery
under the Convention between the
United States and Canada for the
Preservation of the Halibut Fishery of
the Northern Pacific Ocean and Bering
Sea (Convention). The IPHC’s
regulations are subject to approval by
the Secretary of State with the
concurrence of the Secretary of
Commerce (Secretary). NMFS publishes
the IPHC’s regulations as annual
management measures pursuant to 50
CFR 300.62. The 2021 IPHC annual
management measures were published
on March 9, 2021 (86 FR 13475).
The Halibut Act, 16 U.S.C. 773c(a)
and (b), provides the Secretary with
general responsibility to carry out the
Convention and the Halibut Act. The
Halibut Act, 16 U.S.C. 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 recommended
by the Council may be implemented by
NMFS only after approval by the
Secretary.
The Council has exercised its
authority in developing halibut
management programs for the
subsistence, sport, and commercial
halibut fisheries. The Secretary
exercised authority to implement the
commercial IFQ halibut fishery
management program (58 FR 59375;
November 9, 1993). The IFQ Program for
the halibut fishery is implemented by
Federal regulations at 50 CFR part 679.
The halibut IFQ fishery is managed in
specific areas defined by the IPHC.
These IFQ regulatory areas (Areas) are:
Area 2A (California, Oregon, and
Washington); Area 2B (British
Columbia); Area 2C (Southeast Alaska),
Area 3A (Central Gulf of Alaska), Area
3B (Western Gulf of Alaska), and Area
4 (subdivided into five areas, 4A
through 4E, in the Bering Sea and
Aleutian Islands of Western Alaska).
These Areas are described at 50 CFR
part 679, Figure 15. Halibut allocated
under the IFQ program in Areas 2C, 3A,
3B, and Area 4 are subject to limits on
the maximum amount of halibut IFQ
that may be harvested by a vessel,
commonly known as vessel use caps.
NMFS also allocates halibut to the
Western Alaska Community
Development Quota (CDQ Program) in
Areas 4B, 4C, 4D, and 4E
(§ 679.31(a)(2)). Halibut is allocated to
the CDQ Program in Areas 4B, 4C, 4D,
and 4E and those allocations are not
subject to a vessel use cap. Throughout
this preamble, the term ‘‘vessel use cap’’
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refers to regulations applicable to the
halibut IFQ fishery.
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Background
This proposed rule would implement
regulations to temporarily remove vessel
use caps in Areas 4A, 4B, 4C, and 4D
in 2021. The existing vessel use caps
were recommended by the Council and
implemented by NMFS as part of the
IFQ Program (58 FR 59375; November 9,
1993) as regulations that were in
addition to, and not in conflict with,
those adopted by the IPHC, consistent
with the Halibut Act (16 U.S.C. 773c(c)).
The following sections describe the
IFQ Program, halibut IFQ vessel use
caps, the rationale and effects of
temporarily removing vessel use caps in
Areas 4A, 4B, 4C, and 4D, and the
regulations that would be implemented
under this proposed rule.
IFQ Program
Commercial halibut and sablefish
fisheries in Alaska are subject to
regulation under the IFQ Program and
the CDQ Program (50 CFR part 679). A
key objective of the IFQ Program is to
support the social and economic
character of the fisheries and the coastal
fishing communities where many of
these fisheries are based. For more
information about the IFQ Program,
please refer to Section 2.3.1 of the
Analysis. Because this rule is specific to
the halibut IFQ fishery, reference to the
IFQ Program in this preamble is specific
to halibut unless otherwise noted.
Under the IFQ Program, access to the
commercial halibut fisheries is limited
to those persons holding quota share
(QS). Quota share is an exclusive,
revocable privilege that allows the
holder to harvest a specific percentage
of the annual commercial catch limit in
the halibut fishery. In addition, QS is
designated for specific geographic areas
of harvest, a specific vessel operation
type (catcher vessel (CV) or catcher/
processor), and for a specific range of
vessel sizes that may be used to harvest
the sablefish or halibut (vessel category).
Out of the four vessel categories of
halibut QS, Category A shares are
designated for catcher/processors that
process their catch at sea (e.g., freezer
longline vessels) and do not have a
vessel length designation, whereas
Category B, C, and D shares are
designated to be fished on CVs that meet
specific length designations
(§ 679.40(a)(5)).
NMFS annually issues IFQ permits to
each QS holder. An annual IFQ permit
authorizes the permit holder to harvest
a specified amount of the IFQ species in
an Area from a specific operation type
and vessel category. IFQ is expressed in
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pounds (lbs) and is based on the amount
of QS held in relation to the total QS
pool for each Area with an assigned
catch.
The IFQ Program established: (1)
Limits on the maximum amount of QS
that a person could use (i.e., be used to
receive annual IFQ) (§ 679.42(f)); (2)
limits on the number of small amounts
of indivisible QS units, known as QS
blocks, that a person can hold
(§ 679.42(g)); (3) limits on the ability of
IFQ assigned to one CV vessel category
(vessel category B, C, or D IFQ) to be
fished on a different (larger) vessel
category with some limited exceptions
(§ 679.42(a)(2)); and (4) limits on the
maximum amount of halibut IFQ that
may be harvested by a vessel during an
IFQ fishing year (§ 679.42(h)). Only
qualified individuals and initial
recipients of QS are eligible to hold CV
QS and they are required to be on the
vessel when the IFQ is being fished,
with a few limited exceptions
(§ 679.41(h)(2)). All of these limitations
were established to retain the owneroperator nature of the CV halibut IFQ
fisheries, limit consolidation of QS, and
ensure the annual IFQ is not harvested
on a small number of larger vessels.
On March 30, 2021, NMFS published
an emergency rule to modify the
temporary transfer provision of the IFQ
Program for the commercial halibut and
sablefish fisheries for the 2021 IFQ
fishing year (86 FR 16542, March 30,
2021). That emergency rule allows QS
holders to transfer IFQ to otherwise
eligible recipients. This transfer
flexibility promotes the complete and
efficient harvest of the IFQ fisheries.
Furthermore, that emergency rule
temporarily alleviates impacts of
unforeseen economic and social
conditions in the IFQ fisheries. For
example, QS holders would have more
flexibility to select vessels to harvest
their IFQ which may increase the
number of vessels available to harvest
(Section 2.6 of the Analysis). That
emergency rule does not modify other
provisions of the IFQ Program,
including vessel use caps that may
constrain fishing operations.
Halibut IFQ Vessel Use Caps
The IFQ Program established vessel
use caps to limit the maximum amount
of halibut that could be harvested on
any one vessel. The limits are intended
to help ensure that a minimum number
of vessels are engaged in the halibut
fishery and to address concerns about
the socio-economic impacts of
consolidation under the IFQ Program.
For additional detail on vessel use caps,
see the preamble to the proposed rule
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for the IFQ Program (57 FR 57130;
December 3, 1992).
This proposed rule refers to halibut
catch limits, commercial halibut
allocations, and vessel use caps in net
pounds or net metric tons. Net pounds
and net metric tons are defined as the
weight of halibut from which the gills,
entrails, head, and ice and slime have
been removed. This terminology used in
this proposed rule is consistent with the
IPHC, which establishes catch limits
and calculates mortality in net pounds.
Relevant to this proposed rule,
regulations at § 679.42(h)(1) state: ‘‘No
vessel may be used, during any fishing
year, to harvest more IFQ halibut than
one-half percent of the combined total
catch limits of halibut for IFQ regulatory
areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and
4E.’’ Applying this regulation to 2021
yields a vessel use cap of 92,848 lbs
(42.1 mt). This vessel use cap applies to
vessels harvesting IFQ halibut in the
areas subject to this proposed rule:
Areas 4A, 4B, 4C, and 4D.
In addition, regulations at
§ 679.42(h)(1)(ii) state that ‘‘No vessel
may be used, during any fishing year, to
harvest more than 50,000 lb (22.7 mt) of
IFQ halibut derived from QS held by a
CQE.’’ Compared to § 679.42(h)(1)’s
vessel use cap, § 679.42(h)(1)(ii)
imposes an even more restrictive vessel
use cap on vessels that are harvesting
IFQ halibut derived from QS held by a
community quota entity (CQE). A CQE
is a NMFS-approved non-profit
organization that represents small,
remote, coastal communities that meet
specific criteria to purchase and hold
CV halibut QS on behalf of an eligible
community. The CQE holds QS and
leases the IFQ derived from the
underlying QS to community residents.
Relevant to this proposed rule, a CQE is
authorized to hold halibut QS in Area
4B on behalf of the community of Adak,
Alaska (79 FR 8870; February 14, 2014).
Any vessel harvesting halibut IFQ
derived from the QS held by the CQE
representing the community of Adak is
subject to this more restrictive 50,000 lb
(22.7 mt) vessel use cap.
Rationale and Effects of Temporarily
Removing Vessel Use Caps in Areas 4A,
4B, 4C, and 4D
On February 10, 2021, at their
regularly-scheduled meeting, the
Council addressed requests from IFQ
fishery stakeholders to remove vessel
use caps applicable to the halibut IFQ
fisheries (Sections 1 and 2.3 of the
Analysis). These requests were in part
based on the success of the 2020
emergency rule for removing vessel use
caps in Area 4 which provided
flexibility to the IFQ halibut fleet: In
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multiple areas, vessels harvested up to
or over the vessel use cap. Based on
stakeholder engagement and
considering a range of factors, the
Council recommended, and now NMFS
issues, this proposed rule. These factors
include, but are not limited to:
• The unforeseen complications of
health advisories and governmentissued travel policies impose on fishing
operations in the 2021 fishing year,
particularly in the remote BSAI halibut
IFQ fishery. These advisories and
policies may restrict the ability for
vessels and crew to operate and fully
harvest their IFQ (Sections 2.3 and 2.5
of the Analysis);
• The relatively large proportion of
vessels participating in the Area 4A, 4B,
4C, and 4D halibut IFQ fishery that are
operating near the current vessel use
cap, thereby limiting the amount of
additional IFQ that could be harvested
on vessels operating in those Areas
(Section 2.3 of the Analysis);
• The minimum number of vessels
required to fully harvest the IFQ held by
the affected CQE representing the
community of Adak, Alaska, exceeds
the number of vessels owned by
residents of the community (Sections
2.3.1.6 and 2.3.1.7 of the Analysis);
• Reduced ex-vessel prices due to
poor market conditions that may further
limit the number of vessels that can
economically harvest their halibut IFQ
in Areas 4A, 4B, 4C, and 4D (Sections
2.3.1.2 and 2.3.1.8 of the Analysis); and
• Public health risks, combined with
health measures at specific remote ports
in Areas 4A, 4B, 4C, and/or 4D, which
may further limit the ability of smaller
vessels to operate because processing
facilities and vessel services are not
available. For example, in 2020, the
local St. Paul fleet did not operate due
to public health risk and adverse
economic conditions (Section 2.3 of the
Analysis).
The reader is referred to the Analysis,
particularly Sections 2.3 and 2.6, for
additional detail on the efficacy of the
2020 emergency rule, the range of
factors considered for this proposed
rule, and the anticipated effects of
removing the vessel use caps in Areas
4A, 4B, 4C, and 4D for both CQEassociated vessels and non-CQEassociated vessels.
After considering these factors, the
Council recommended ‘‘expedited
action’’ to remove vessel use caps for
the halibut IFQ fishery in Areas 4A, 4B,
4C, and 4D. NMFS accordingly has
established an expedited 15-day
comment period for this proposed rule.
Due to the widespread industry support
and the Council’s request for expedited
rulemaking and NMFS determination
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that the final rule should take effect
before fishing vessels approach their use
caps, the benefits of providing a
shortened comment period and
potentially expedited implementation
outweigh there is good cause to expedite
this thoroughly-considered action.
The Council did not recommend, and
this proposed rule does not include,
measures to relieve the vessel use caps
for the sablefish IFQ fishery, or for other
halibut IFQ Areas, due to the larger
number of vessels that are currently
active in the sablefish IFQ fishery and
these other halibut Areas. Detailed
information indicating that halibut
harvests in these other IFQ Areas would
not be constrained under the current
vessel use caps is available in Section
2.3.1.4 of the Analysis.
The Council and NMFS also
considered the potential impacts on
halibut conservation and management if
vessel use caps vessels in Areas 4A, 4B,
4C, and 4D are relieved for the 2021 IFQ
fishing year. The proposed regulatory
amendments in this rule would
temporarily add a regulation that would
remove vessel use caps in Areas 4A, 4B,
4C, and 4D because the vessel use caps
may restrict the harvest of halibut in
these areas, and less restrictive
management measures are needed as
soon as practicable to ensure the more
complete harvest of the halibut resource
during the 2021 IFQ fishing year. This
proposed rule is responsive to the
uncommon circumstances in the fishery
in 2021 and does not modify the vessel
use cap provisions in future years,
consistent with the Council’s goals in
implementing vessel use caps in this
fishery (Section 2.3 in the Analysis).
This proposed rule would not modify
other elements of the IFQ Program. This
proposed rule would not increase or
otherwise modify the 2021 halibut catch
limits adopted by the IPHC and
implemented by NMFS (86 FR 13475,
March 9, 2021). This proposed rule
would not modify any other
conservation measures recommended by
the IPHC and adopted by NMFS, nor
any other conservation measures
implemented by NMFS independent of
the IPHC. This proposed rule would not
modify other limitations on the use of
QS and IFQ described in the previous
sections of this preamble.
Proposed Regulations
After considering the best available
information, the Convention, the status
of the halibut resource, and the
potential social and economic costs of
maintaining the vessel use cap limits
described in this preamble, this
proposed rule would add a new,
temporary provision at 50 CFR
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679.42(h)(1)(iii) to remove vessel use
caps for vessels harvesting IFQ halibut
in Areas 4A, 4B, 4C, and 4D during the
2021 IFQ fishing year. Because under
existing regulations, vessel use caps are
applied at the fishery level including
harvest in all areas, the proposed
regulations clarify that harvest of IFQ
halibut in regulatory areas 4A, 4B, 4C,
and 4D is excluded from the calculation
of vessel use caps in IFQ regulatory
areas 2C, 3A, or 3B during the 2021 IFQ
fishing year.
Classification
Regulations governing the U.S.
fisheries for Pacific halibut are
developed by the International Pacific
Halibut Commission (IPHC), the Pacific
Fishery Management Council, the North
Pacific Fishery Management Council
(Council), and the Secretary of
Commerce. Section 5 of the Northern
Pacific Halibut Act of 1982 (Halibut Act,
16 U.S.C. 773c) allows the Regional
Council with authority over a particular
geographical area, to develop
regulations governing the allocation and
catch of halibut in U.S. Convention
waters as long as those regulations do
not conflict with IPHC regulations. This
proposed action is consistent with the
Council’s authority to allocate halibut
catches among fishery participants in
the waters in and off Alaska.
This rule has been determined to be
not significant for purposes of Executive
Order 12866.
A Regulatory Impact Review was
prepared to assess costs and benefits of
available regulatory alternatives. A copy
of this analysis is available from NMFS
(see ADDRESSES). Specific aspects of the
economic analysis are discussed below
in the Initial Regulatory Flexibility
Analysis section.
Initial Regulatory Flexibility Analysis
This Initial Regulatory Flexibility
Analysis (IRFA) was prepared for this
proposed rule, as required by Section
603 of the Regulatory Flexibility Act
(RFA) (5 U.S.C. 603), to describe the
economic impact this proposed rule, if
adopted, would have on small entities.
The IRFA describes the action; the
reasons why this proposed rule is
proposed; the objectives and legal basis
for this proposed rule; the number and
description of directly regulated small
entities to which this proposed rule
would apply; the recordkeeping,
reporting, and other compliance
requirements of this proposed rule; and
the relevant Federal rules that may
duplicate, overlap, or conflict with this
proposed rule. The description of the
proposed action, its purpose, and the
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legal basis are explained in the
preamble and are not repeated here.
For RFA purposes only, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (NAICS code 11411)
is classified 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.
Number and Description of Small
Entities Regulated by This Proposed
Rule
This proposed rule would directly
regulate the owners and operators of
vessels that have traditionally harvested
halibut IFQ in IFQ Areas 4A, 4B, 4C, or
4D. From 2014 through 2019, (the most
recent year with complete data) 119
unique vessels harvested halibut IFQ in
IFQ Areas 4A, 4B, 4C, or 4D. Based on
average annual gross revenue data,
including affiliations, all but three of the
vessels that landed halibut between
2014 and 2019 are considered small
entities based on the $11 million
threshold. Additional detail is included
in Sections 2.8 in the Analysis prepared
for this proposed rule (see ADDRESSES).
Impacts of This Action on Small Entities
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This action would relieve a restriction
which could lead to a larger total
harvest of IFQ in Area 4 in fishing
season 2021. Although it is difficult to
predict the direct impact of the
regulatory exemptions implemented for
the 2020 IFQ seasons, harvest rates
achieved in 2020 relative to all other
years (2006–2020) likely indicates the
regulatory flexibilities implemented in
2020 (both the temporary transfer
provisions as well the vessel use cap
exemption) had some positive impact
on the harvest rates, as described in
Section 2.6 of the Analysis prepared for
this action (See ADDRESSES).
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Description of Significant Alternatives
That Minimize Adverse Impacts on
Small Entities
The RFA requires identification of
any significant alternatives to the
proposed rule that accomplish the
stated objectives of the proposed action,
consistent with applicable statutes, and
that would minimize any significant
economic impact of the proposed rule
on small entities. The Council requested
an action alternative and in considering
the Council’s request NMFS analyzed
the impacts of the action alternative
compared to the status quo.
The status quo alternative would
retain the existing vessel use cap
restrictions as defined under 50 CFR
679.42(h). Considering the existing
social and economic conditions in the
IFQ fishery since 2020, the supply of
vessels available to prosecute Area 4
halibut IFQ fisheries could be limited
such that a portion of the 2021 annual
halibut allocation could be left
unharvested if available vessels must
comply with existing halibut IFQ vessel
use limitations.
The action alternative would remove
limits on the maximum amount of
halibut IFQ that may be harvested by a
vessel in IFQ regulatory areas 4A, 4B,
4C, and 4D. The action alternative and
the regulations proposed by this action
would provide additional flexibility to
IFQ participants in 2021 to ensure
allocations of halibut IFQ can be
harvested by the limited number of
vessels operating in these areas.
Duplicate, Overlapping, or Conflicting
Federal Rules
NMFS has not identified any
duplication, overlap, or conflict
between this proposed rule and existing
Federal rules.
Recordkeeping, Reporting, and Other
Compliance Requirements
This action does not contain
additional recordkeeping, reporting, or
other compliance requirements.
Collection-of-Information Requirements
This proposed rule does not contain
a change to a collection of information
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requirement for purposes of the
Paperwork Reduction Act of 1995. The
existing collection of information
requirements would continue to apply
under the following OMB Control
Number(s): 0648–0272, Alaska Pacific
Halibut & Sablefish Fisheries:
Individual Fishing Quota (IFQ).
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and
recordkeeping requirements.
Dated: April 7, 2021.
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 679 is proposed
to be amended as follows:
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
1. The authority citation for 50 CFR
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.
2. In § 679.42, add paragraph (h)(1)(iii)
to read as follows:
■
§ 679.42
Limitations on use of QS and IFQ.
*
*
*
*
*
(h) * * *
(1) * * *
(iii) Notwithstanding the vessel use
caps specified in paragraphs (h)(1)
introductory text and (h)(1)(ii) of this
section, vessel use caps do not apply to
vessels harvesting IFQ halibut in IFQ
regulatory areas 4A, 4B, 4C, and 4D
during the 2021 IFQ fishing year.
Harvest of IFQ halibut in regulatory
areas 4A, 4B, 4C, and 4D is excluded
from the calculation of vessel use caps
for IFQ regulatory areas 2C, 3A, or 3B
during the 2021 IFQ fishing year.
*
*
*
*
*
[FR Doc. 2021–07520 Filed 4–12–21; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\13APP1.SGM
13APP1
Agencies
[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Proposed Rules]
[Pages 19207-19210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07520]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 210407-0077]
RIN 0648-BK42
Pacific Halibut Fisheries; Catch Sharing Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues this proposed rule to revise regulations for the
commercial individual fishing quota (IFQ) Pacific halibut (halibut)
fisheries for the 2021 IFQ fishing year. This proposed rule would
remove limits on the maximum amount of halibut IFQ that may be
harvested by a vessel, commonly known as vessel use caps, in IFQ
regulatory areas 4A (Eastern Aleutian Islands), 4B (Central and Western
Aleutian Islands), 4C (Central Bering Sea), and 4D (Eastern Bering
Sea). This action is needed to provide additional flexibility to IFQ
participants in 2021 to ensure allocations of halibut IFQ can be
harvested by the limited number of vessels operating in these areas.
This action is within the authority of the Secretary of Commerce to
establish additional regulations governing the taking of halibut which
are in addition to, and not in conflict with, those adopted by the
International Pacific Halibut Commission (IPHC). This action is
intended to promote the goals and objectives of the IFQ Program, the
Northern Pacific Halibut Act of 1982, and other applicable laws.
DATES: Submit comments on or before April 28, 2021.
ADDRESSES: You may submit comments, identified by FDMS Docket Number
NOAA-NMFS-2021-0032, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2021-0032 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Susan Meyer. Mail comments to P.O. Box 21668, Juneau, AK
99802-1668.
Instructions: NMFS may not consider comments sent by any other
method, to any other address or individual, or received after the end
of the comment period. All comments received are a part of the public
record and will generally be posted for public viewing on https://www.regulations.gov without change. All personal identifying
information (e.g., name, address), 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 copies of the Categorical Exclusion and the Regulatory
Impact Review (RIR) prepared for this action (referred to as the
``Analysis'') are available from https://www.regulations.gov or from the
NMFS Alaska Region website at https://alaskafisheries.noaa.gov.
Additional requests for information regarding halibut may be
obtained by contacting the IPHC, 2320 W Commodore Way, Suite 300,
Seattle, WA 98199-1287; or Sustainable Fisheries Division, NMFS Alaska
Region, P.O. Box 21668, Juneau, AK 99802; Sustainable Fisheries
Division.
FOR FURTHER INFORMATION CONTACT: Abby Jahn, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Authority for Action
The IPHC and NMFS manage fishing for halibut through regulations
established under the authority of the Northern Pacific Halibut Act of
1982 (Halibut Act). The IPHC promulgates regulations governing the
halibut fishery under the Convention between the United States and
Canada for the Preservation of the Halibut Fishery of the Northern
Pacific Ocean and Bering Sea (Convention). The IPHC's regulations are
subject to approval by the Secretary of State with the concurrence of
the Secretary of Commerce (Secretary). NMFS publishes the IPHC's
regulations as annual management measures pursuant to 50 CFR 300.62.
The 2021 IPHC annual management measures were published on March 9,
2021 (86 FR 13475).
The Halibut Act, 16 U.S.C. 773c(a) and (b), provides the Secretary
with general responsibility to carry out the Convention and the Halibut
Act. The Halibut Act, 16 U.S.C. 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
recommended by the Council may be implemented by NMFS only after
approval by the Secretary.
The Council has exercised its authority in developing halibut
management programs for the subsistence, sport, and commercial halibut
fisheries. The Secretary exercised authority to implement the
commercial IFQ halibut fishery management program (58 FR 59375;
November 9, 1993). The IFQ Program for the halibut fishery is
implemented by Federal regulations at 50 CFR part 679.
The halibut IFQ fishery is managed in specific areas defined by the
IPHC. These IFQ regulatory areas (Areas) are: Area 2A (California,
Oregon, and Washington); Area 2B (British Columbia); Area 2C (Southeast
Alaska), Area 3A (Central Gulf of Alaska), Area 3B (Western Gulf of
Alaska), and Area 4 (subdivided into five areas, 4A through 4E, in the
Bering Sea and Aleutian Islands of Western Alaska). These Areas are
described at 50 CFR part 679, Figure 15. Halibut allocated under the
IFQ program in Areas 2C, 3A, 3B, and Area 4 are subject to limits on
the maximum amount of halibut IFQ that may be harvested by a vessel,
commonly known as vessel use caps.
NMFS also allocates halibut to the Western Alaska Community
Development Quota (CDQ Program) in Areas 4B, 4C, 4D, and 4E (Sec.
679.31(a)(2)). Halibut is allocated to the CDQ Program in Areas 4B, 4C,
4D, and 4E and those allocations are not subject to a vessel use cap.
Throughout this preamble, the term ``vessel use cap''
[[Page 19208]]
refers to regulations applicable to the halibut IFQ fishery.
Background
This proposed rule would implement regulations to temporarily
remove vessel use caps in Areas 4A, 4B, 4C, and 4D in 2021. The
existing vessel use caps were recommended by the Council and
implemented by NMFS as part of the IFQ Program (58 FR 59375; November
9, 1993) as regulations that were in addition to, and not in conflict
with, those adopted by the IPHC, consistent with the Halibut Act (16
U.S.C. 773c(c)).
The following sections describe the IFQ Program, halibut IFQ vessel
use caps, the rationale and effects of temporarily removing vessel use
caps in Areas 4A, 4B, 4C, and 4D, and the regulations that would be
implemented under this proposed rule.
IFQ Program
Commercial halibut and sablefish fisheries in Alaska are subject to
regulation under the IFQ Program and the CDQ Program (50 CFR part 679).
A key objective of the IFQ Program is to support the social and
economic character of the fisheries and the coastal fishing communities
where many of these fisheries are based. For more information about the
IFQ Program, please refer to Section 2.3.1 of the Analysis. Because
this rule is specific to the halibut IFQ fishery, reference to the IFQ
Program in this preamble is specific to halibut unless otherwise noted.
Under the IFQ Program, access to the commercial halibut fisheries
is limited to those persons holding quota share (QS). Quota share is an
exclusive, revocable privilege that allows the holder to harvest a
specific percentage of the annual commercial catch limit in the halibut
fishery. In addition, QS is designated for specific geographic areas of
harvest, a specific vessel operation type (catcher vessel (CV) or
catcher/processor), and for a specific range of vessel sizes that may
be used to harvest the sablefish or halibut (vessel category). Out of
the four vessel categories of halibut QS, Category A shares are
designated for catcher/processors that process their catch at sea
(e.g., freezer longline vessels) and do not have a vessel length
designation, whereas Category B, C, and D shares are designated to be
fished on CVs that meet specific length designations (Sec.
679.40(a)(5)).
NMFS annually issues IFQ permits to each QS holder. An annual IFQ
permit authorizes the permit holder to harvest a specified amount of
the IFQ species in an Area from a specific operation type and vessel
category. IFQ is expressed in pounds (lbs) and is based on the amount
of QS held in relation to the total QS pool for each Area with an
assigned catch.
The IFQ Program established: (1) Limits on the maximum amount of QS
that a person could use (i.e., be used to receive annual IFQ) (Sec.
679.42(f)); (2) limits on the number of small amounts of indivisible QS
units, known as QS blocks, that a person can hold (Sec. 679.42(g));
(3) limits on the ability of IFQ assigned to one CV vessel category
(vessel category B, C, or D IFQ) to be fished on a different (larger)
vessel category with some limited exceptions (Sec. 679.42(a)(2)); and
(4) limits on the maximum amount of halibut IFQ that may be harvested
by a vessel during an IFQ fishing year (Sec. 679.42(h)). Only
qualified individuals and initial recipients of QS are eligible to hold
CV QS and they are required to be on the vessel when the IFQ is being
fished, with a few limited exceptions (Sec. 679.41(h)(2)). All of
these limitations were established to retain the owner-operator nature
of the CV halibut IFQ fisheries, limit consolidation of QS, and ensure
the annual IFQ is not harvested on a small number of larger vessels.
On March 30, 2021, NMFS published an emergency rule to modify the
temporary transfer provision of the IFQ Program for the commercial
halibut and sablefish fisheries for the 2021 IFQ fishing year (86 FR
16542, March 30, 2021). That emergency rule allows QS holders to
transfer IFQ to otherwise eligible recipients. This transfer
flexibility promotes the complete and efficient harvest of the IFQ
fisheries. Furthermore, that emergency rule temporarily alleviates
impacts of unforeseen economic and social conditions in the IFQ
fisheries. For example, QS holders would have more flexibility to
select vessels to harvest their IFQ which may increase the number of
vessels available to harvest (Section 2.6 of the Analysis). That
emergency rule does not modify other provisions of the IFQ Program,
including vessel use caps that may constrain fishing operations.
Halibut IFQ Vessel Use Caps
The IFQ Program established vessel use caps to limit the maximum
amount of halibut that could be harvested on any one vessel. The limits
are intended to help ensure that a minimum number of vessels are
engaged in the halibut fishery and to address concerns about the socio-
economic impacts of consolidation under the IFQ Program. For additional
detail on vessel use caps, see the preamble to the proposed rule for
the IFQ Program (57 FR 57130; December 3, 1992).
This proposed rule refers to halibut catch limits, commercial
halibut allocations, and vessel use caps in net pounds or net metric
tons. Net pounds and net metric tons are defined as the weight of
halibut from which the gills, entrails, head, and ice and slime have
been removed. This terminology used in this proposed rule is consistent
with the IPHC, which establishes catch limits and calculates mortality
in net pounds.
Relevant to this proposed rule, regulations at Sec. 679.42(h)(1)
state: ``No vessel may be used, during any fishing year, to harvest
more IFQ halibut than one-half percent of the combined total catch
limits of halibut for IFQ regulatory areas 2C, 3A, 3B, 4A, 4B, 4C, 4D,
and 4E.'' Applying this regulation to 2021 yields a vessel use cap of
92,848 lbs (42.1 mt). This vessel use cap applies to vessels harvesting
IFQ halibut in the areas subject to this proposed rule: Areas 4A, 4B,
4C, and 4D.
In addition, regulations at Sec. 679.42(h)(1)(ii) state that ``No
vessel may be used, during any fishing year, to harvest more than
50,000 lb (22.7 mt) of IFQ halibut derived from QS held by a CQE.''
Compared to Sec. 679.42(h)(1)'s vessel use cap, Sec. 679.42(h)(1)(ii)
imposes an even more restrictive vessel use cap on vessels that are
harvesting IFQ halibut derived from QS held by a community quota entity
(CQE). A CQE is a NMFS-approved non-profit organization that represents
small, remote, coastal communities that meet specific criteria to
purchase and hold CV halibut QS on behalf of an eligible community. The
CQE holds QS and leases the IFQ derived from the underlying QS to
community residents. Relevant to this proposed rule, a CQE is
authorized to hold halibut QS in Area 4B on behalf of the community of
Adak, Alaska (79 FR 8870; February 14, 2014). Any vessel harvesting
halibut IFQ derived from the QS held by the CQE representing the
community of Adak is subject to this more restrictive 50,000 lb (22.7
mt) vessel use cap.
Rationale and Effects of Temporarily Removing Vessel Use Caps in Areas
4A, 4B, 4C, and 4D
On February 10, 2021, at their regularly-scheduled meeting, the
Council addressed requests from IFQ fishery stakeholders to remove
vessel use caps applicable to the halibut IFQ fisheries (Sections 1 and
2.3 of the Analysis). These requests were in part based on the success
of the 2020 emergency rule for removing vessel use caps in Area 4 which
provided flexibility to the IFQ halibut fleet: In
[[Page 19209]]
multiple areas, vessels harvested up to or over the vessel use cap.
Based on stakeholder engagement and considering a range of factors, the
Council recommended, and now NMFS issues, this proposed rule. These
factors include, but are not limited to:
The unforeseen complications of health advisories and
government-issued travel policies impose on fishing operations in the
2021 fishing year, particularly in the remote BSAI halibut IFQ fishery.
These advisories and policies may restrict the ability for vessels and
crew to operate and fully harvest their IFQ (Sections 2.3 and 2.5 of
the Analysis);
The relatively large proportion of vessels participating
in the Area 4A, 4B, 4C, and 4D halibut IFQ fishery that are operating
near the current vessel use cap, thereby limiting the amount of
additional IFQ that could be harvested on vessels operating in those
Areas (Section 2.3 of the Analysis);
The minimum number of vessels required to fully harvest
the IFQ held by the affected CQE representing the community of Adak,
Alaska, exceeds the number of vessels owned by residents of the
community (Sections 2.3.1.6 and 2.3.1.7 of the Analysis);
Reduced ex-vessel prices due to poor market conditions
that may further limit the number of vessels that can economically
harvest their halibut IFQ in Areas 4A, 4B, 4C, and 4D (Sections 2.3.1.2
and 2.3.1.8 of the Analysis); and
Public health risks, combined with health measures at
specific remote ports in Areas 4A, 4B, 4C, and/or 4D, which may further
limit the ability of smaller vessels to operate because processing
facilities and vessel services are not available. For example, in 2020,
the local St. Paul fleet did not operate due to public health risk and
adverse economic conditions (Section 2.3 of the Analysis).
The reader is referred to the Analysis, particularly Sections 2.3
and 2.6, for additional detail on the efficacy of the 2020 emergency
rule, the range of factors considered for this proposed rule, and the
anticipated effects of removing the vessel use caps in Areas 4A, 4B,
4C, and 4D for both CQE-associated vessels and non-CQE-associated
vessels.
After considering these factors, the Council recommended
``expedited action'' to remove vessel use caps for the halibut IFQ
fishery in Areas 4A, 4B, 4C, and 4D. NMFS accordingly has established
an expedited 15-day comment period for this proposed rule. Due to the
widespread industry support and the Council's request for expedited
rulemaking and NMFS determination that the final rule should take
effect before fishing vessels approach their use caps, the benefits of
providing a shortened comment period and potentially expedited
implementation outweigh there is good cause to expedite this
thoroughly-considered action.
The Council did not recommend, and this proposed rule does not
include, measures to relieve the vessel use caps for the sablefish IFQ
fishery, or for other halibut IFQ Areas, due to the larger number of
vessels that are currently active in the sablefish IFQ fishery and
these other halibut Areas. Detailed information indicating that halibut
harvests in these other IFQ Areas would not be constrained under the
current vessel use caps is available in Section 2.3.1.4 of the
Analysis.
The Council and NMFS also considered the potential impacts on
halibut conservation and management if vessel use caps vessels in Areas
4A, 4B, 4C, and 4D are relieved for the 2021 IFQ fishing year. The
proposed regulatory amendments in this rule would temporarily add a
regulation that would remove vessel use caps in Areas 4A, 4B, 4C, and
4D because the vessel use caps may restrict the harvest of halibut in
these areas, and less restrictive management measures are needed as
soon as practicable to ensure the more complete harvest of the halibut
resource during the 2021 IFQ fishing year. This proposed rule is
responsive to the uncommon circumstances in the fishery in 2021 and
does not modify the vessel use cap provisions in future years,
consistent with the Council's goals in implementing vessel use caps in
this fishery (Section 2.3 in the Analysis). This proposed rule would
not modify other elements of the IFQ Program. This proposed rule would
not increase or otherwise modify the 2021 halibut catch limits adopted
by the IPHC and implemented by NMFS (86 FR 13475, March 9, 2021). This
proposed rule would not modify any other conservation measures
recommended by the IPHC and adopted by NMFS, nor any other conservation
measures implemented by NMFS independent of the IPHC. This proposed
rule would not modify other limitations on the use of QS and IFQ
described in the previous sections of this preamble.
Proposed Regulations
After considering the best available information, the Convention,
the status of the halibut resource, and the potential social and
economic costs of maintaining the vessel use cap limits described in
this preamble, this proposed rule would add a new, temporary provision
at 50 CFR 679.42(h)(1)(iii) to remove vessel use caps for vessels
harvesting IFQ halibut in Areas 4A, 4B, 4C, and 4D during the 2021 IFQ
fishing year. Because under existing regulations, vessel use caps are
applied at the fishery level including harvest in all areas, the
proposed regulations clarify that harvest of IFQ halibut in regulatory
areas 4A, 4B, 4C, and 4D is excluded from the calculation of vessel use
caps in IFQ regulatory areas 2C, 3A, or 3B during the 2021 IFQ fishing
year.
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the International Pacific Halibut Commission (IPHC), the
Pacific Fishery Management Council, the North Pacific Fishery
Management Council (Council), and the Secretary of Commerce. Section 5
of the Northern Pacific Halibut Act of 1982 (Halibut Act, 16 U.S.C.
773c) allows the Regional Council with authority over a particular
geographical area, to develop regulations governing the allocation and
catch of halibut in U.S. Convention waters as long as those regulations
do not conflict with IPHC regulations. This proposed action is
consistent with the Council's authority to allocate halibut catches
among fishery participants in the waters in and off Alaska.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
A Regulatory Impact Review was prepared to assess costs and
benefits of available regulatory alternatives. A copy of this analysis
is available from NMFS (see ADDRESSES). Specific aspects of the
economic analysis are discussed below in the Initial Regulatory
Flexibility Analysis section.
Initial Regulatory Flexibility Analysis
This Initial Regulatory Flexibility Analysis (IRFA) was prepared
for this proposed rule, as required by Section 603 of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 603), to describe the economic impact
this proposed rule, if adopted, would have on small entities. The IRFA
describes the action; the reasons why this proposed rule is proposed;
the objectives and legal basis for this proposed rule; the number and
description of directly regulated small entities to which this proposed
rule would apply; the recordkeeping, reporting, and other compliance
requirements of this proposed rule; and the relevant Federal rules that
may duplicate, overlap, or conflict with this proposed rule. The
description of the proposed action, its purpose, and the
[[Page 19210]]
legal basis are explained in the preamble and are not repeated here.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified 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.
Number and Description of Small Entities Regulated by This Proposed
Rule
This proposed rule would directly regulate the owners and operators
of vessels that have traditionally harvested halibut IFQ in IFQ Areas
4A, 4B, 4C, or 4D. From 2014 through 2019, (the most recent year with
complete data) 119 unique vessels harvested halibut IFQ in IFQ Areas
4A, 4B, 4C, or 4D. Based on average annual gross revenue data,
including affiliations, all but three of the vessels that landed
halibut between 2014 and 2019 are considered small entities based on
the $11 million threshold. Additional detail is included in Sections
2.8 in the Analysis prepared for this proposed rule (see ADDRESSES).
Impacts of This Action on Small Entities
This action would relieve a restriction which could lead to a
larger total harvest of IFQ in Area 4 in fishing season 2021. Although
it is difficult to predict the direct impact of the regulatory
exemptions implemented for the 2020 IFQ seasons, harvest rates achieved
in 2020 relative to all other years (2006-2020) likely indicates the
regulatory flexibilities implemented in 2020 (both the temporary
transfer provisions as well the vessel use cap exemption) had some
positive impact on the harvest rates, as described in Section 2.6 of
the Analysis prepared for this action (See ADDRESSES).
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
The RFA requires identification of any significant alternatives to
the proposed rule that accomplish the stated objectives of the proposed
action, consistent with applicable statutes, and that would minimize
any significant economic impact of the proposed rule on small entities.
The Council requested an action alternative and in considering the
Council's request NMFS analyzed the impacts of the action alternative
compared to the status quo.
The status quo alternative would retain the existing vessel use cap
restrictions as defined under 50 CFR 679.42(h). Considering the
existing social and economic conditions in the IFQ fishery since 2020,
the supply of vessels available to prosecute Area 4 halibut IFQ
fisheries could be limited such that a portion of the 2021 annual
halibut allocation could be left unharvested if available vessels must
comply with existing halibut IFQ vessel use limitations.
The action alternative would remove limits on the maximum amount of
halibut IFQ that may be harvested by a vessel in IFQ regulatory areas
4A, 4B, 4C, and 4D. The action alternative and the regulations proposed
by this action would provide additional flexibility to IFQ participants
in 2021 to ensure allocations of halibut IFQ can be harvested by the
limited number of vessels operating in these areas.
Duplicate, Overlapping, or Conflicting Federal Rules
NMFS has not identified any duplication, overlap, or conflict
between this proposed rule and existing Federal rules.
Recordkeeping, Reporting, and Other Compliance Requirements
This action does not contain additional recordkeeping, reporting,
or other compliance requirements.
Collection-of-Information Requirements
This proposed rule does not contain a change to a collection of
information requirement for purposes of the Paperwork Reduction Act of
1995. The existing collection of information requirements would
continue to apply under the following OMB Control Number(s): 0648-0272,
Alaska Pacific Halibut & Sablefish Fisheries: Individual Fishing Quota
(IFQ).
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: April 7, 2021.
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 679 is
proposed to be amended as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for 50 CFR 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
2. In Sec. 679.42, add paragraph (h)(1)(iii) to read as follows:
Sec. 679.42 Limitations on use of QS and IFQ.
* * * * *
(h) * * *
(1) * * *
(iii) Notwithstanding the vessel use caps specified in paragraphs
(h)(1) introductory text and (h)(1)(ii) of this section, vessel use
caps do not apply to vessels harvesting IFQ halibut in IFQ regulatory
areas 4A, 4B, 4C, and 4D during the 2021 IFQ fishing year. Harvest of
IFQ halibut in regulatory areas 4A, 4B, 4C, and 4D is excluded from the
calculation of vessel use caps for IFQ regulatory areas 2C, 3A, or 3B
during the 2021 IFQ fishing year.
* * * * *
[FR Doc. 2021-07520 Filed 4-12-21; 8:45 am]
BILLING CODE 3510-22-P