Fisheries Off West Coast States; Pacific Halibut Fisheries; Permitting and Management Regulations for Area 2A Pacific Halibut Fisheries, 74322-74328 [2022-26325]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Rules and Regulations]
[Pages 74322-74328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26325]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 221129-0251]
RIN 0648-BK93


Fisheries Off West Coast States; Pacific Halibut Fisheries; 
Permitting and Management Regulations for Area 2A Pacific Halibut 
Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: Under the authority of the Northern Pacific Halibut Act of 
1982, this final rule implements a permitting system for the Pacific 
halibut commercial and recreational charter halibut fisheries in 
International Pacific Halibut Commission (IPHC) regulatory Area 2A 
(Washington, Oregon, and California). This action also establishes a 
regulatory framework for the Area 2A Pacific halibut directed 
commercial fishery that, consistent with the allocations and coastwide 
season dates set by the IPHC, allows NMFS to annually determine dates 
and times the fishery will be open and set harvest limits for those 
periods of time. These permitting and management activities for Area 2A 
were previously performed by the IPHC; through this final rule, NMFS 
will now implement these Area 2A-specific permitting and management 
activities.

DATES: This rule is effective on January 4, 2023.

ADDRESSES: Additional information regarding this action may be obtained 
by contacting the Sustainable Fisheries Division, NMFS West Coast 
Region, 501 W Ocean Boulevard, Suite 4200, Long Beach, CA 90802. For 
information regarding all halibut fisheries and general regulations not 
contained in this rule, contact the International Pacific Halibut 
Commission, 2320 W Commodore Way Suite 300, Seattle, WA 98199-1287.

FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, phone: 562-980-4034, 
fax: 562-980-4018, or email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Northern Pacific Halibut Act of 1982 (Halibut Act), 16 U.S.C. 
773-773k, gives the Secretary of Commerce (Secretary) general 
responsibility for implementing the provisions of the Convention 
between Canada and the United States for the Preservation of the 
Halibut Fishery of the North Pacific Ocean and Bering Sea (Halibut 
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. The Halibut Act requires that the Secretary shall adopt 
regulations as may be necessary to carry out the purposes and 
objectives of the Halibut Convention and Halibut Act (16 U.S.C. 773c). 
The Assistant Administrator for Fisheries, NOAA, on behalf of the IPHC, 
publishes annual management measures governing the U.S. Pacific halibut 
fishery that have been recommended by the IPHC and accepted by the 
Secretary of State, with concurrence from the Secretary of Commerce. 
These management measures include, but are not limited to, coastwide 
and area-specific mortality limits (also known as

[[Page 74323]]

allocations and subarea allocations), coastwide season dates, gear 
restrictions, Pacific halibut size limits for retention, and logbook 
requirements. The IPHC apportions mortality limits for the Pacific 
halibut fishery among regulatory areas: Area 2A (Washington, Oregon, 
and California), 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 5 areas, 4A through 4E, in the 
Bering Sea and Aleutian Islands of Western Alaska). In addition to, and 
not in conflict with, approved IPHC regulations, as provided in the 
Halibut Act, the Regional Fishery Management Councils may develop, and 
the Secretary of Commerce may implement, regulations governing 
harvesting privileges among U.S. fishermen in U.S. waters (16 U.S.C. 
773c(c)). The Pacific Fishery Management Council (Council) has 
exercised this authority by developing a catch sharing plan guiding the 
allocation of halibut and management of recreational (sport) fisheries 
for the IPHC's regulatory Area 2A. The Council's Catch Sharing Plan 
guides tribal, non-tribal commercial, and recreational halibut fishing 
off the U.S. west coast by prescribing an allocation formula for the 
allowable catch, and by describing the general season structure of the 
fisheries. Since 1988, NMFS has approved catch sharing plans and 
implemented annual regulations consistent with the catch sharing plans 
in the IPHC regulatory Area 2A. In 1995, NMFS approved a Council-
recommended, long-term Catch Sharing Plan (60 FR 14651; March 20, 
1995). The Council has recommended, and NMFS has approved adjustments 
to the Catch Sharing Plan each year after discussion at the September 
and November Council meetings to address the changing needs of these 
fisheries.
    Prior to this action, the IPHC regulated and managed certain 
aspects of the commercial and recreational charter fisheries in Area 
2A. The IPHC required vessels to obtain a license from the IPHC to 
participate in either the recreational charter fishery or the non-
tribal commercial fishery for Pacific halibut in Area 2A. In the 
context of this rule, the term ``license'' is synonymous with 
``permit.'' The IPHC also set management measures for the non-tribal 
directed commercial Pacific halibut fishery (directed commercial 
fishery) in Area 2A, including fishing periods and associated fishing 
period limits which were announced by the IPHC. The proposed rule for 
this action included additional background on past management practices 
of the IPHC and history of certain regulatory activities transitioning 
from IPHC to NMFS, including Council recommendations associated with 
this action. Those details are not repeated here. For additional 
information on this action, please refer to the proposed rule (87 FR 
44318; July 26, 2022).
    Under this action, NMFS is assuming responsibility for issuing 
vessel permits to fish for Pacific halibut in commercial and 
recreational charter fisheries in Area 2A, and for issuing annual 
management measures for the directed commercial fishery. Specifically, 
this action enables NMFS to issue permits for Area 2A vessels 
participating in the recreational charter fishery and three non-tribal 
commercial fisheries: a directed commercial fishery, incidental catch 
of Pacific halibut in the sablefish fishery, and incidental catch of 
Pacific halibut in the salmon troll fishery. This action also enables 
NMFS to set management measures for the non-tribal directed commercial 
Pacific halibut fishery (directed commercial fishery), including 
fishing periods and associated fishing period limits. A fishing period 
is the period of time during the annual halibut season set by the IPHC 
when fishing for Pacific halibut is allowed and may span multiple days. 
A fishing period limit is the maximum amount of Pacific halibut that 
may be retained and landed by a vessel during one fishing period, and 
each vessel may only retain Pacific halibut up to the fishing period 
limit for its vessel class. These actions are in addition to actions 
NMFS already undertakes, such as issuing annual management measures for 
the Area 2A recreational fisheries (applicable to both charter and 
private anglers), consistent with the recommendations from the Council 
and the framework in the Council's Catch Sharing Plan.

Permitting for Commercial and Recreational Charter Vessels

    Prior to implementation of this rule, no person could fish for 
Pacific halibut from a vessel, nor possess Pacific halibut on board a 
vessel, used either for commercial fishing or as a recreational charter 
vessel in Area 2A, unless the IPHC issued a permit valid for fishing in 
Area 2A to that vessel. Under this final rule, NMFS maintains the 
requirement for vessels to obtain a permit to fish for Pacific halibut 
in Area 2A and implements a NMFS permitting process. Under this action, 
NMFS will use a web-based application with digital submission and 
delivery of the permit applications, and will allow participants to 
provide either digital or paper proof of permit upon request. NMFS is 
requiring that permit applications be received by the following dates: 
(1) March 1 for incidental catch during the salmon troll fishery; (2) 
March 1 for incidental catch during the sablefish fishery; (3) February 
15 for the directed commercial fishery; and (4) 15 days prior to 
participation in the recreational fishery for recreational charter 
vessels.
    NMFS notes that the permit application deadlines for the incidental 
salmon and sablefish fisheries are two weeks earlier than the deadlines 
previously required by the IPHC (prior to 2020, the incidental 
sablefish permit deadline was March 15), and are one month before the 
fisheries open on April 1. The deadline for the directed commercial 
fishery permit applications is more than two months earlier than the 
previous IPHC deadline for this fishery. The earlier application 
deadlines ensure adequate time for NMFS to issue permits in advance of 
the fishery season start dates and to consider the number of 
applications when determining fishing period limits for the directed 
commercial fishery. NMFS will issue permits for all applications 
submitted with the required information and by the applicable deadline 
under this action. NMFS is requiring application information in 
addition to what the IPHC required; specifically, those applying for 
directed commercial fishery permits must provide vessel length 
documentation from either the U.S. Coast Guard Documentation Form, 
state registration form, or a current marine survey. Fishery 
participants must obtain a new permit each year.
    The Regional Administrator may charge fees to cover administrative 
expenses related to processing and issuance of permits, processing 
change in ownership or change in vessel registration, divestiture, and 
appeals of permits. The amount of the fee would be determined in 
accordance with the NOAA Finance Handbook available at (https://www.corporateservices.noaa.gov/finance/documents/NOAAFinanceHBTOC_09.06.19.pdf) and specified on the application form. 
The fee may not exceed the administrative costs and must be submitted 
with the application for the application to be considered complete.

Directed Commercial Fishery

    The non-tribal directed commercial Pacific halibut fishery is 
prosecuted in the area south of Point Chehalis, WA (46[deg]53.30' N 
lat.). This fishery typically operates from late June through August, 
with fishing periods every other week until the Area 2A directed 
commercial

[[Page 74324]]

fishery allocation has been or is projected to be reached. Under this 
final action, NMFS, instead of the IPHC, will implement annual 
management measures for the directed commercial fishery. Specifically, 
NMFS will continue to manage the fishery through a series of fishing 
periods with fishing period limits based on the directed commercial 
fishery allocation determined by vessel class, and implement those 
directed commercial fishing period(s) and fishing period limits through 
proposed and final rules published annually in the Federal Register to 
ensure the directed commercial fishery allocation is not exceeded.
    NMFS will consider any Council recommendations for the annual 
management measures, as well as public comments received on the 
proposed rule, when it implements fishing periods, fishing period 
limits, and any other directed commercial management measures. As noted 
previously, the Council has stated its intent to develop 
recommendations on annual directed fishery measures (e.g., timing and 
duration of the fishing periods) through the same September and 
November meeting process currently utilized to provide recommendations 
to the IPHC at its annual meeting.
    NMFS will determine directed commercial management measures, 
including fishing periods and fishing period limits, using similar 
decision criteria that the IPHC used to set fishing periods and fishing 
period limits. The annual rulemaking process may include the 
announcement of more than one fishing period. In determining fishing 
period limits, NMFS will consider the directed commercial allocation, 
vessel class, the number of fishery permit applicants and projected 
number of participants per vessel class, the average catch of vessels 
compared to past fishing period limits, and other relevant factors. As 
did the IPHC in setting vessel limits, NMFS will consider the fact that 
smaller vessels have lesser capacities to carry gear and Pacific 
halibut than larger vessels. The intent of these fishing period limits 
is to ensure that the Area 2A commercial directed fishery does not 
exceed the directed commercial allocation, while also providing fair 
and equitable access across participants to an attainable amount of 
harvest.
    As noted previously, NMFS is establishing a permit application 
deadline for the directed commercial fishery of February 15, which is 
more than two months earlier than the date used by the IPHC. NMFS is 
setting this earlier deadline to ensure that directed commercial 
fishery management measures are in place prior to the initial fishing 
period(s), traditionally opening in late June. The timing for the 
annual management measures rule with directed commercial management 
measures will allow for consideration of any Council recommendations 
that take place at the September and November meetings, public comments 
by stakeholders, and the Area 2A catch limit recommendation from the 
IPHC annual meeting. NMFS intends to annually publish a proposed rule 
after the Area 2A directed commercial allocation is determined by the 
IPHC (usually in late January or early February), and will publish a 
final rule as far in advance of the first directed commercial fishing 
period as practicable.
    During the annual fishing season, NMFS may establish additional 
fishing periods beyond those implemented at the start of the fishing 
year. For example, if the fishery has not attained nor is projected to 
have attained the directed commercial allocation during the initial 
directed commercial fishing period(s), NMFS will determine whether 
additional fishing period(s) are warranted. The decision to add fishing 
periods beyond those announced in the annual rule establishing the 
season's management measures will be based on landings information from 
state fish tickets collected during the initial fishing period(s), and 
any such decision will have the dual objectives of providing additional 
opportunity to fishery participants while limiting the risk of 
exceeding the directed commercial allocation. As soon as practicable 
after the fishing periods announced in the annual management measures 
rule and after landings data are analyzed, additional fishing period(s) 
and applicable fishing period limits will be announced in the Federal 
Register if the Regional Administrator determines that enough 
allocation remains to provide additional opportunity across all 
participants and vessel classes. It is NMFS' expectation that the 
timing of any additional fishing periods will be similar to past IPHC 
practice and would occur two weeks after the conclusion of the last 
fishing period. In the event NMFS takes inseason action to add fishing 
period(s), fishing period limits will be set at the same amount for 
each vessel class. Generally, fewer vessels participate in each fishing 
period as the season progresses (that is, the first fishing period has 
the highest level of participation and most pounds landed, followed by 
the second fishing period, etc.). During any additional fishing 
periods, NMFS will set vessel limits equal across all sizes because the 
number of vessels in each vessel class varies by fishing period and 
year and participants may choose to engage in any fishing period; thus, 
the number of participants per vessel class can be unpredictable.

Comments and Responses

    NMFS published the proposed rule on July 26, 2022 (87 FR 44318). 
NMFS accepted public comments on the permitting system and the directed 
commercial management measure framework through August 25, 2022. NMFS 
received one comment, from the Oregon Department of Fish and Wildlife 
(ODFW).
    Comment: ODFW noted the earlier permit application deadlines 
compared to those of the IPHC, and posed questions related to how NMFS 
intends to provide information and outreach to the public on the new 
deadlines. These questions included whether there will be allowance for 
late applications or an appeals process for late or denied 
applications, as well as information on when and where permit 
applications will be made available. ODFW also commented on the 
timeframe of additional openings, whether it would be days, weeks, or 
months between openings, noting that fish buyers have developed markets 
based on the timing of openings, and how vessel operators must arrange 
logistics for the Pacific halibut fishery (e.g., for procuring ice and 
bait) and develop business plans for participating in other fisheries.
    Response: NMFS recognizes that certain components of this action, 
including the permit application deadlines, are different from past 
IPHC requirements. NMFS intends to utilize a variety of communication 
methods (e.g., email listserv, web pages and bulletins, and telephone 
hotline) to ensure that the regulated public are fully aware of the 
permit deadlines and how to apply, and to perform outreach in 
coordination with the IPHC, Council, and the states. An appeals process 
for permit denials was included in the proposed rule and remains 
unchanged in this final rule.
    In the event NMFS takes inseason action to add fishing periods, the 
intervening times between fishing periods is expected to be similar to 
those in previous years. NMFS will provide as much detail about fishing 
periods as is practicable in the annual rulemaking ahead of each 
fishing season in order to facilitate market and fishery participants' 
planning for the upcoming fishing year.

[[Page 74325]]

Changes From the Proposed Rule

    There were no substantive changes made between the proposed rule 
and this final rule. NMFS made minor textual edits for clarity between 
the proposed and this final rule.

Classification

    Regulations governing the U.S. fisheries for Pacific halibut are 
developed by the IPHC, the 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 the allocation and catch of halibut in U.S. Convention waters 
as long as those regulations do not conflict with IPHC regulations. 
This action is consistent with the Council's authority to allocate 
halibut catches among fishery participants in the waters in and off 
Washington, Oregon, and California.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    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 for purposes of the Regulatory Flexibility Act. The factual 
basis for the certification was published in the proposed rule and is 
not repeated here. As a result, a regulatory flexibility analysis was 
not required and none was prepared.
    This final rule contains a collection-of-information requirement 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). This rule extends the 
current collection titled ``Northwest Region Federal Fisheries 
Permits'' (OMB Control Number 0648-0203) and also changes the existing 
requirements for the collection of information 0648-0203 by adding a 
Pacific halibut permit for the recreational charter fishery, the 
directed commercial fishery, and incidental catch of halibut in the 
salmon troll and sablefish fisheries. This change will increase the 
number of respondents for this collection by 550 respondents annually. 
It will also increase the cost of the collection by $17,050. Public 
reporting burden for the new Pacific halibut permits is estimated to 
average 20 minutes per respondent, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    We invite the general public and other Federal agencies to comment 
on proposed and continuing information collections, which helps us 
assess the impact of our information collection requirements and 
minimize the public's reporting burden. Written comments and 
recommendations for this information collection should be submitted at 
the website www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by using the search function and entering either 
the title of the collection or the OMB Control Number 0648-0203.
    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.

List of Subjects in 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.

    Dated: November 29, 2022.
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 300, subpart 
E, is amended 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.  300.61, add definitions for ``Fishing period,'' ``Fishing 
period limit,'' ``Permit,'' ``Vessel class'' in alphabetical order to 
read as follows:


Sec.  300.61  Definitions.

* * * * *
    Fishing period means, for purposes of commercial fishing in 
Commission regulatory Area 2A, dates and/or hours when fishing for 
Pacific halibut in Area 2A is allowed.
    Fishing period limit means, for purposes of commercial fishing in 
Commission regulatory Area 2A, the maximum amount of Pacific halibut 
that may be retained and landed by a vessel during one fishing period 
in Area 2A.
* * * * *
    Permit means, for purposes of commercial fishing in Commission 
regulatory Area 2A, a Pacific halibut fishing permit for Area 2A issued 
by NMFS pursuant to Sec.  300.63(f).
* * * * *
    Vessel class means, for purposes of commercial fishing in 
Commission regulatory Area 2A, a group of vessels within a specific 
range of overall length (in feet) (46 CFR 69.9), as designated by the 
letters A-H pursuant to Sec.  300.63(g).

0
3. In Sec.  300.63, add paragraphs (f) and (g) to read as follows:


Sec.  300.63  Catch sharing plan and domestic management measures in 
Area 2A.

* * * * *
    (f) Pacific Halibut Permits for IPHC Regulatory Area 2A--(1) 
General. (i) This section applies to persons and vessels that fish for 
Pacific halibut, or land and retain Pacific halibut, in IPHC regulatory 
area 2A. No person shall fish for Pacific halibut from a vessel, nor 
land or retain Pacific halibut on board a vessel, used either for 
commercial fishing or as a recreational charter vessel in IPHC 
regulatory area 2A, unless the NMFS West Coast Region has issued a 
permit valid for fishing in IPHC regulatory area 2A for that vessel.
    (ii) A permit issued for a vessel operating in the Pacific halibut 
fishery in IPHC regulatory area 2A shall be valid for one of the 
following, per paragraph (d) of this section:
    (A) The incidental catch of Pacific halibut during the salmon troll 
fishery specified in paragraph (b)(2) of this section;
    (B) The incidental catch of Pacific halibut during the sablefish 
fishery specified in paragraph (b)(3) of this section;
    (C) The non-tribal directed commercial fishery during the fishing 
periods specified in paragraph (g)(1) of this section;
    (D) Both the incidental catch of Pacific halibut during the 
sablefish fishery specified in paragraph (b)(3) of this section and the 
non-tribal directed commercial fishery during the fishing periods 
specified in paragraph (g)(1) of this section; or
    (E) The recreational charter fishery.
    (iii) A permit issued under paragraph (f) of this section is valid 
only for the vessel for which it is registered. A change in ownership, 
documentation, or name of the registered vessel, or transfer of the 
ownership of the registered vessel will render the permit invalid.
    (iv) A vessel owner must contact NMFS if the vessel for which the 
permit

[[Page 74326]]

is issued is sold, ownership of the vessel is transferred, the vessel 
is renamed, or any other reason for which the documentation of the 
vessel is changed as the change would invalidate the current permit. A 
new permit application is required if there is a change in any 
documentation of the vessel. To submit a new permit application, follow 
the procedures outlined under paragraph (f)(2) of this section. If the 
documentation of the vessel is changed after the deadline to apply for 
a permit has passed as described at paragraph (f)(2)(ii) of this 
section, the vessel owner may contact NMFS and provide information on 
the reason for the documentation change and all permit application 
information described at paragraph (f)(2) of this section. NMFS may 
issue a permit, or decline to issue a permit and the applicant may 
appeal per paragraph (f)(3) of this section.
    (v) A permit issued under paragraph (f) of this section must be 
carried on board that vessel at all times and the vessel operator shall 
allow its inspection by any authorized officer. The format of this 
permit may be electronic or paper.
    (vi) No individual may alter, erase, mutilate, or forge any permit 
or document issued under this section. Any such permit or document that 
is intentionally altered, erased, mutilated, or forged is invalid.
    (vii) Permits issued under paragraph (f) of this section are valid 
only during the calendar year (January 1-December 31) for which it was 
issued.
    (viii) NMFS may suspend, revoke, or modify any permit issued under 
this section under policies and procedures in title 15 CFR part 904, or 
other applicable regulations in this chapter.
    (2) Applications--(i) Application form. To obtain a permit, an 
individual must submit a complete permit application to the NMFS West 
Coast Region Sustainable Fisheries Division (NMFS) through the NOAA 
Fisheries Pacific halibut web page at https://www.fisheries.noaa.gov/west-coast/commercial-fishing/west-coast-fishing-permits. A complete 
application consists of:
    (A) An application form that contains valid responses for all data 
fields, including information and signatures.
    (B) A current copy of the U.S. Coast Guard Documentation Form or 
state registration form or current marine survey.
    (C) Payment of required fees as discussed in paragraph (f)(2)(iv) 
of this section.
    (D) Additional documentation NMFS may require as it deems necessary 
to make a determination on the application.
    (ii) Deadlines. (A) Applications for permits for the directed 
commercial fishery in regulatory area 2A must be received by NMFS no 
later than 2359 PST on February 15, or by 2359 PST the next business 
day in February if February 15 is a Saturday, Sunday, or Federal 
holiday.
    (B) Applications for permits, which allow for incidental catch of 
Pacific halibut during the salmon troll fishery and the sablefish 
primary fishery in Area 2A, must be received by NMFS no later than 2359 
PST March 1, or by 2359 PST the next business day in March if March 1 
is a Saturday, Sunday, or Federal holiday.
    (C) Applications for permits for recreational charter vessels which 
allow for catch of Pacific halibut during the recreational fishery must 
be received a minimum of 15 days before intending to participate in the 
fishery, to allow for processing the permit application.
    (iii) Application review and approval. NMFS shall issue a vessel 
permit upon receipt of a completed permit application submitted on the 
NOAA Fisheries website no later than the day before the start date of 
the fishery the applicant selected. If the application is not approved, 
NMFS will issue an initial administrative decision (IAD) that will 
explain the denial in writing. The applicant may appeal NMFS' 
determination following the process at paragraph (f)(3) of this 
section. NMFS will decline to act on a permit application that is 
incomplete or if the vessel or vessel owner is subject to sanction 
provisions of the Magnuson-Stevens Act at 16 U.S.C. 1858(a) and 
implementing regulations at 15 CFR part 904, subpart D.
    (iv) Permit fees. The Regional Administrator may charge fees to 
cover administrative expenses related to processing and issuance of 
permits, processing change in ownership or change in vessel 
registration, divestiture, and appeals of permits. The amount of the 
fee is determined in accordance with the procedures of the NOAA Finance 
Handbook for determining administrative costs. Full payment of the fee 
is required at the time a permit application is submitted.
    (3) Appeals. In cases where the applicant disagrees with NMFS's 
decision on a permit application, the applicant may appeal that 
decision to the Regional Administrator. This paragraph (f)(3) describes 
the procedures for appealing the IAD on permit actions made in this 
title under this subpart.
    (i) Who may appeal? Only an individual who received an IAD that 
disapproved any part of their application may file a written appeal. 
For purposes of this section, such individual will be referred to as 
the ``permit applicant.''
    (ii) Appeal process. (A) The appeal must be in writing, must allege 
credible facts or circumstances to show why the criteria in this 
subpart have been met, and must include any relevant information or 
documentation to support the appeal. The permit applicant may request 
an informal hearing on the appeal.
    (B) Appeals must be mailed or faxed to: National Marine Fisheries 
Service, West Coast Region, Sustainable Fisheries Division, ATTN: 
Appeals, 7600 Sand Point Way NE, Seattle, WA, 98115; Fax: 206-526-6426; 
or delivered to National Marine Fisheries Service at the same address.
    (C) Upon receipt of an appeal authorized by this section, the 
Regional Administrator will notify the permit applicant, and may 
request additional information to allow action on the appeal.
    (D) Upon receipt of sufficient information, the Regional 
Administrator will decide the appeal in accordance with the permit 
provisions set forth in this section at the time of the application, 
based upon information relative to the application on file at NMFS and 
any additional information submitted to or obtained by the Regional 
Administrator, the summary record kept of any hearing and the hearing 
officer's recommended decision, if any, and such other considerations 
as the Regional Administrator deems appropriate. The Regional 
Administrator will notify all interested persons of the decision, and 
the reasons for the decision, in writing, normally within 30 days of 
the receipt of sufficient information, unless additional time is needed 
for a hearing.
    (E) If a hearing is requested, or if the Regional Administrator 
determines that one is appropriate, the Regional Administrator may 
grant an informal hearing before a hearing officer designated for that 
purpose after first giving notice of the time, place, and subject 
matter of the hearing to the applicant. The appellant, and, at the 
discretion of the hearing officer, other interested persons, may appear 
personally or be represented by counsel at the hearing and submit 
information and present arguments as determined appropriate by the 
hearing officer. Within 30 days of the last day of the hearing, the 
hearing officer shall recommend in writing a decision to the Regional 
Administrator.

[[Page 74327]]

    (F) The Regional Administrator may adopt the hearing officer's 
recommended decision, in whole or in part, or may reject or modify it. 
In any event, the Regional Administrator will notify interested persons 
of the decision, and the reason(s) therefore, in writing, within 30 
days of receipt of the hearing officer's recommended decision. The 
Regional Administrator's decision will constitute the final 
administrative action by NMFS on the matter.
    (iii) Timing of appeals. (A) For permit issued under paragraph (f) 
of this section, if an applicant appeals an IAD, the appeal must be 
postmarked, faxed, or hand delivered to NMFS no later than 60 calendar 
days after the date on the IAD. If the applicant does not appeal the 
IAD within 60 calendar days, the IAD becomes the final decision of the 
Regional Administrator acting on behalf of the Secretary of Commerce.
    (B) Any time limit prescribed in this section may be extended for a 
period not to exceed 30 days by the Regional Administrator for good 
cause, either upon his or her own motion or upon written request from 
the appellant stating the reason(s) therefore.
    (iv) Address of record. For purposes of the appeals process, NMFS 
will establish as the address of record, the address used by the permit 
applicant in initial correspondence to NMFS. Notifications of all 
actions affecting the applicant after establishing an address of record 
will be mailed to that address, unless the applicant provides NMFS, in 
writing, with any changes to that address. NMFS bears no responsibility 
if a notification is sent to the address of record and is not received 
because the applicant's actual address has changed without notification 
to NMFS.
    (v) Status of permits pending appeal. (A) For all permit actions, 
the permit registration remains as it was prior to the request until 
the final decision has been made.
    (B) [Reserved]
    (g) Non-tribal directed commercial fishery management. Each year a 
portion of regulatory area 2A's overall fishery limit is allocated 
consistent with the Pacific Fishery Management Council's Catch Sharing 
Plan to the non-tribal directed commercial fishery and published 
pursuant to Sec.  300.62. The non-tribal directed commercial fishery 
takes place in the area south of Point Chehalis, WA (46[deg]53.30' N 
lat.).
    (1) Management measures. Annually, NMFS will determine and publish 
in the Federal Register annual management measures for the upcoming 
fishing year for the non-tribal directed commercial fishery. This will 
include dates and lengths for the fishing periods for the Area 2A non-
tribal directed commercial fishery, as well as the associated fishing 
period limits.
    (i) Fishing periods. NMFS will determine the fishing periods, e.g., 
dates and/or hours that permittees may legally harvest halibut in Area 
2A, on an annual basis. This determination will take into account any 
recommendations provided by the Pacific Fishery Management Council and 
comments received by the public during the public comment period on the 
proposed annual management measures rule. The intent of these fishing 
periods is to ensure the Area 2A Pacific halibut directed commercial 
allocation is achieved but not exceeded.
    (ii) Fishing period limits. NMFS will establish fishing period 
limits, e.g., the maximum amount of Pacific halibut that a vessel may 
retain and land during a specific fishing period, and assign those 
limits according to vessel class for each fishing period. Fishing 
period limits may be different across vessel classes (except as 
described in paragraph (g)(1)(iii) of this section). NMFS will 
determine fishing period limits following the considerations listed in 
paragraph (g)(1)(ii)(A) of this section. The intent of these fishing 
period limits is to ensure that the Area 2A commercial directed fishery 
does not exceed the directed commercial allocation, while attempting to 
provide fair and equitable access across fishery participants to an 
attainable amount of harvest. The limits will be published in annual 
management measures rules in the Federal Register along with a 
description of the considerations used to determine them.
    (A) Considerations. When determining fishing period(s) and 
associated fishing period limits for the directed commercial fishery, 
NMFS will consider the following factors:
    (1) The directed commercial fishery allocation;
    (2) Vessel class;
    (3) Number of fishery permit applicants and projected number of 
participants per vessel class;
    (4) The average catch of vessels compared to past fishing period 
limits;
    (5) Other relevant factors.
    (B) Vessel classes. Vessel classes are based on overall length 
(defined at 46 CFR 69.9) shown in the following table:

                   Table 1 to Paragraph (g)(1)(ii)(B)
------------------------------------------------------------------------
        Overall length (in feet)                   Vessel class
------------------------------------------------------------------------
1-25....................................  A
26-30...................................  B
31-35...................................  C
36-40...................................  D
41-45...................................  E
46-50...................................  F
51-55...................................  G
56+.....................................  H
------------------------------------------------------------------------

    (iii) Inseason action to add fishing periods and associated fishing 
period limits. Fishing periods in addition to those originally 
implemented at the start of the fishing year may be warranted in order 
to provide the fishery with opportunity to achieve the Area 2A directed 
commercial fishery allocation, if performance of the fishery during the 
initial fishing period(s) is different than expected and the directed 
commercial allocation is not attained through the initial period(s). If 
NMFS makes the determination that sufficient allocation remains to 
warrant additional fishing period(s) without exceeding the allocation 
for the Area 2A directed commercial fishery, the additional fishing 
period(s) and fishing period limits may be added during the fishing 
year. If NMFS determines fishing period(s) in addition to those 
included in an annual management measures rule is warranted, NMFS will 
set the fishing period limits equal across all vessel classes. The 
fishing period(s) and associated fishing period limit(s) will be 
announced in the Federal Register and concurrent publication on the 
hotline. If the amount of directed commercial allocation remaining is 
determined to be insufficient for an additional fishing period, the 
allocation is considered to be taken and the fishery will be closed, as 
described at paragraph (g)(2) of this section.
    (2) Automatic closure of the non-tribal directed commercial 
fishery. The NMFS Regional Administrator or designee will initiate 
automatic management actions without prior public notice or opportunity 
to comment. These actions are nondiscretionary and the impacts must 
have been previously been taken into account.
    (i) If NMFS determines that the non-tribal directed commercial 
fishery has attained its annual allocation or is projected to attain 
its allocation if additional fishing was to be allowed, the Regional 
Administrator will take automatic action to close the fishery, via 
announcement in the Federal Register and concurrent notification on the 
telephone hotline at 206-526-6667 or 800-662-9825.

[[Page 74328]]

    (ii) [Reserved]

[FR Doc. 2022-26325 Filed 11-30-22; 4:15 pm]
BILLING CODE 3510-22-P