Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Whiting Utilization in the At-Sea Sectors, 77000-77007 [2022-27117]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Rules and Regulations]
[Pages 77000-77007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27117]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 221208-0265]
RIN 0648-BL41


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Whiting Utilization in the At-Sea Sectors

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

ACTION: Final rule.

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SUMMARY: This final rule implements regulatory amendments that apply to 
the Pacific Coast Groundfish Trawl Rationalization Program participants 
that operate in the non-tribal Pacific whiting fishery. This rulemaking 
adjusts the primary Pacific whiting season start date for all sectors 
of the Pacific whiting fishery north of 40[deg]30' N latitude (lat.) 
from May 15 to May 1, removes from regulation the mothership catcher 
vessel (MSCV) processor obligation deadline of November 30, removes 
from regulation the Mothership (MS) processor cap of 45 percent, and 
provides the ability to operate as a Catcher/Processor (CP) and an MS 
in the same year. This action is necessary to provide MS sector 
participants with greater operational flexibility by modifying specific 
regulations that have been identified as potentially contributing to 
lower attainment of the Pacific whiting allocation compared to the CP 
and shoreside Pacific whiting sectors. This final rule is intended to 
promote the goals and objectives of the Magnuson-Stevens Fishery 
Conservation and Management Act, the Pacific Coast Groundfish Fishery 
Management Plan, and other applicable laws.

DATES: This final rule is effective January 17, 2023.

ADDRESSES: This rule is accessible via the Office of the Federal 
Register website at https://www.federalregister.gov/. Background 
information and analytical documents (Analysis) are available at the 
NMFS

[[Page 77001]]

West Coast Region website at https://www.fisheries.noaa.gov/region/west-coast and at the Pacific Fishery Management Council's website at 
https://www.pcouncil.org.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to NMFS and to https://www.reginfo.gov/public/do/PRAMain.

FOR FURTHER INFORMATION CONTACT: Abbie Moyer, phone: 206-305-9601, or 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Authority for Action

    NMFS and the Pacific Fishery Management Council (Council) manage 
the groundfish fisheries in the exclusive economic zone seaward of 
California, Oregon, and Washington under the Pacific Coast Groundfish 
Fishery Management Plan (FMP). The Council prepared the FMP under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (MSA; 16 U.S.C. 1801 et seq.). Regulations governing U.S. fisheries 
and implementing the FMP appear at 50 CFR parts 660.

Background

    This purpose of this final rule is to revise regulations that may 
be unnecessarily constraining, in order to provide increased 
operational flexibility in the Pacific whiting fishery and increase the 
Mothership (MS) sector's ability to utilize its Pacific whiting 
allocation, while maintaining fair and equitable access to Pacific 
whiting by all sectors of the program. The following sections of this 
preamble provide (1) a description of the non-tribal Pacific whiting 
fishery; (2) the need for action; and (3) the final regulations.

A Description of the Non-Tribal Pacific Whiting Fishery

Pacific Whiting Fishery

    In January 2011, NMFS implemented a trawl rationalization program, 
a catch share system, for the Pacific coast groundfish fishery's trawl 
fleet. The program was adopted through Amendment 20 to the Pacific 
Coast Groundfish Fishery Management Plan (FMP) (75 FR 78344, December 
15, 2010) and is a type of limited access privilege program under the 
MSA. Many of the specific provisions of the program, including those 
modified through this rulemaking, are in regulation at 50 CFR 660, but 
were not included in the Amendment 20 changes to the FMP. The trawl 
rationalization program is intended to increase net economic benefits, 
create individual economic stability, provide full utilization of the 
trawl sector allocation, consider environmental impacts, and achieve 
individual accountability of catch and bycatch. The program consists of 
cooperatives for the at-sea MS and CP fleets that target and process 
Pacific whiting (or the at-sea trawl fleet), and an individual fishing 
quota (IFQ) program for the shorebased trawl fleet that targets both 
Pacific whiting and a wide range of other groundfish species (or the 
Shorebased IFQ Program).
    The at-sea trawl fleet consists of fishery participants harvesting 
and processing Pacific whiting and is further divided as follows: (1) 
The Pacific whiting CP sector, which has been operating under the 
Pacific Whiting Conservation Cooperative (PWCC) since 1997 and was 
formalized for management with the implementation of Amendment 20 (the 
CP Co-op Program); and (2) the Pacific whiting MS sector (MS Co-op 
Program). The MS sector is made up of mothership catcher vessels 
(MSCVs), which harvest fish, and motherships, which process the fish 
at-sea. The MS sector program may include multiple co-ops where vessels 
pool their harvest together to form fishing cooperatives, as well as 
vessels not associated with a co-op (i.e., the ``non-co-op'' segment of 
the MS fishery). In March of 2011, the owners of all 37 MSCV permits 
formed a co-op called the ``Whiting Mothership Cooperative (WMC)''. 
Every year since then, all participants in the sector have operated in 
the co-op. One of the primary purposes of the WMC is to minimize the 
bycatch of constraining rockfish species and Chinook salmon.
    The shoreside Pacific whiting sector was grouped into the 
Shorebased IFQ Program during the development of Amendment 20. Vessels 
in this fishery target Pacific whiting with midwater trawl gear. 
Fishery participants must have quota pounds to harvest Pacific whiting 
catch and associated bycatch. About half of the shoreside Pacific 
whiting vessels also cross-participate in the MS fishery (i.e., MSCV). 
Within the shoreside Pacific whiting fishery, there is the Shoreside 
Whiting Cooperative, which is voluntarily made up of participating 
vessels, and is not formally recognized in the groundfish regulations. 
Historically, approximately two-thirds of shoreside Pacific whiting 
vessels have participated in the co-op between 2012-2018.
    Catch allocations for these subsectors are based on formulas set in 
Amendment 21 to the FMP, or are determined during the biennial 
management process. The total allowable catch (TAC) for Pacific whiting 
is set annually outside of the Council's harvest specifications 
process. The TAC is set through a bilateral process with Canada, 
consistent with the Agreement Between the Government of the United 
States of America and the Government of Canada on Pacific Hake/Whiting 
of 2003 (commonly known as the Pacific Hake/Whiting Treaty) where 73.88 
percent of the TAC is allocated to U.S. fisheries, of which 17.5 
percent is allocated to the Tribal sector. In the fall of each fishing 
year, an unused portion of the Tribal allocation may be reapportioned 
to the non-Tribal sectors. This often results in an initial allocation 
to the non-tribal sectors and then a post-reapportionment allocation. 
Species in the Groundfish FMP are managed differently between the at-
sea sectors and the shoreside fishery. For the shoreside Pacific 
whiting fishery, participants must have quota pounds (QPs) to cover all 
catch of any IFQ species and some non-IFQ species are managed with trip 
limits. For the at-sea fisheries, set asides are established for select 
groundfish species within the biennial harvest specifications process. 
Set asides are managed on an annual basis unless there is a risk of 
exceeding a harvest specification, an unforeseen impact on other 
fisheries, or a conservation concern.
    The recent management programs affected by this final rule are 
described in greater detail in the proposed rule (87 FR 55979, 
September 13, 2022).

Need for Action

    The MS sector has experienced lower than average attainment than 
the other non-tribal commercial Pacific whiting sectors since the start 
of the trawl catch share program, particularly since 2017. Causes of 
under-attainment have been attributed to the limited availability of 
motherships for delivery of catch due to seasonal overlap with the 
Alaskan Eastern Bering Sea walleye pollock fishery. In addition, 
existing regulations have been identified as hindering some catcher 
vessels' opportunity to harvest or deliver fish to MS processors, by 
limiting the ability for available processors to accept fish from 
catcher vessels. These obstacles to harvesting and processing in the MS 
sector have led to reduced economic opportunity for participants.
    Section 2.2.1 of the Analysis (see ADDRESSES) found that from 2017-
2019, the shoreside sector averaged attainment of 92 percent of the 
initial Pacific whiting allocations while the MS sector averaged 71 
percent and the CP sector 100 percent (83, 64, and 90 percent of

[[Page 77002]]

the post-tribal reapportionment allocation, respectively). 
Additionally, from 2017-2019, the MS sector is estimated to have not 
achieved potential economic opportunity of $14.5-$27.3 million in 
production value from unharvested Pacific whiting from the initial 
allocations and $21.5 to $31.8 million compared to the post-
reapportionment allocations (section 5.4.1.0 of the Analysis).
    In an informational report submitted by the Council's Groundfish 
Advisory Subpanel (GAP), the GAP reported during the previous five 
seasons, more than 350 million pounds of Pacific whiting worth more 
than $28 million in ex-vessel revenue had been left unharvested in the 
MS sector. Some catcher vessels had been unable to harvest and deliver 
their full MS sector allocations and, in certain cases, catcher vessels 
had been stranded without a MS processor to deliver to in a season or 
year. The GAP also reported that many MS sector participants, including 
all six MS processor vessels and several MS catcher vessels, 
participate in the Alaska pollock fishery where record high catch 
limits in recent years had limited the availability of processor 
vessels and some catcher vessels to participate in the Pacific whiting 
fishery during the primary Pacific whiting season, between May 15 and 
December 31.
    The Council considered this action over a number of meetings and 
made its final recommendation in March 2022.

Final Action

    This final rule revises existing regulations that apply to the 
Pacific Coast Groundfish Trawl Rationalization Program participants 
while operating in the non-tribal Pacific whiting fishery in order to 
provide increased operational flexibility and harvesting capabilities 
in the Pacific whiting fishery and increase the MS sector's ability to 
utilize its Pacific whiting allocation. The revisions include: (1) 
adjusting the primary Pacific whiting season start date for all sectors 
of the Pacific whiting fishery north of 40[deg]30' N lat. from May 15 
to May 1, and adjusting administrative dates associated with the start 
of the season; (2) removing from regulation the MSCV processor 
obligation deadline of November 30; (3) removing from regulation the MS 
processor cap of 45 percent; and (4) removing restrictions prohibiting 
an at-sea Pacific whiting processing vessel from operating as a MS or 
CP in the same calendar year.
    The Council recommended and NMFS is implementing these changes 
based on information in the Analysis indicating that these measures 
will: (1) increase utilization of available MS quota that has 
previously been unrealized; (2) increase opportunities in the MS sector 
by providing participants with an additional 15 days to participate in 
the Pacific whiting fishery, providing up to a month of Pacific whiting 
harvest opportunities between the Alaska pollock seasons; and (3) 
increase overall attainment leading to economic benefits for all 
sectors.

Season Start Date

    This final rule amends regulations at 50 CFR 660.131(b)(2)(iii) to 
allow all sectors of the Pacific whiting fishery north of 40[deg]30' N 
lat. to begin operating May 1. Currently, there are reporting 
requirements due 45 days prior to the current season start date of May 
15. This final rule aligns all of these administrative dates to 45 days 
prior to the new season start date of May 1, which would be March 17. 
Specifically, these date changes apply to the annual MS co-op and CP 
co-op reports (50 CFR 660.113(c)(3) and (d)(3), respectively), the 
deadline for proposed salmon mitigation plans (SMPs) (50 CFR 
660.113(e)(3)), the submission deadline for post season SMP reports (50 
CFR 660.113(e)(6)(i)), the deadline for declaring into the MS co-op or 
non-co-op fishery (50 CFR 660.150(g)(2)(i)), and the MS co-op and CP 
co-op permit annual registration deadlines (50 CFR 660.150(d)(1)(ii) 
and 660.160(d)(1)(ii), respectively). Additionally, this final rule 
moves up an Electronic Monitoring (EM) application due date (50 CFR 
660.604(e)) and an EM renewal date (50 CFR 660.604(i)) from February 15 
to February 1 to align with the new season start date of May 1.
    The Council recommended and NMFS is implementing this earlier 
season start date to provide vessels with an additional 15 days to 
participate in the Pacific whiting fishery and provide even more 
opportunity to harvest the Pacific whiting quota. The new season start 
date applies to all non-tribal sectors participating in the Pacific 
whiting fishery north of 40[deg]30' N lat. As noted in section 2.2.1 of 
the Analysis, many vessels that fish in the Pacific whiting fishery 
earn the majority of their revenue in the Alaska fisheries and are 
likely incentivized to prioritize higher price of pollock above Pacific 
whiting. Therefore, this final rule provides vessels with an additional 
15 days to participate in the Pacific whiting fishery, providing up to 
a month of Pacific whiting harvest opportunities between the Alaskan 
Eastern Bering Sea walleye pollock seasons.
    This final rule is expected to considerably increase attainment for 
the MS sector, leading to economic benefits for all participants. 
According to section 2.2.1 of the Analysis, the potential additional 
catch that could have occurred in the additional two weeks of fishing 
in the 2016-2020 period could have been associated with $8.4 to $20.3 
million in production revenue for the MS sector (assuming market 
conditions, weather, and other factors). The additional catch would 
have resulted in an estimated $10.5-$22.8 million in income impacts and 
159 to 345 associated jobs.
    As described in the proposed rule (87 FR 55979, September 13, 
2022), no additional biological impacts to Pacific whiting and other 
groundfish species are expected under this final rule. Additionally, 
overall estimates of Pacific salmon bycatch are still within the 
estimates analyzed in the 2017 Endangered Species Act (ESA) Section 
7(a)(2) Biological Opinion (F/WCR-2017-7552) regarding the effects of 
the PFMC's Groundfish FMP on listed salmonids (2017 Biological 
Opinion).

MS Obligation Deadline

    This final rule removes regulations at 50 CFR 660.150(c)(7) that 
require MSCVs to obligate their catch history assignment (CHA) to a MS 
permit by November 30 during the limited entry permit (LEP) renewal 
process (50 CFR 660.25(b)(4)(i)(A)). Under this final rule, there is no 
longer a requirement for MSCV-endorsed permit owners to notify NMFS of 
a mutual agreement exception (MAE) nor a requirement for NMFS to track 
the obligations (50 CFR 660.150(c)(7)(iv)). Additionally, the 
requirement for notification of a MS permit withdrawal at 50 CFR 
660.150(c)(7)(v) is no longer required. MSCVs are still required to 
renew their limited entry permits each year, which includes the co-op 
declaration for the following year (50 CFR 660.150(g)(2)(i)), and co-
op(s) are still required to submit their annual application per 50 CFR 
660.150(d)(1)(iii).
    The Council recommended and NMFS is implementing the removal of the 
MS obligation requirement from regulations to provide MSCVs additional 
flexibility to change processors inseason without regulatory delay. 
Removal of the obligation deadline will provide a more flexible 
management regime whereby participants may continue to balance 
individual needs of each entity to optimally harvest fish through 
private contracts and still provide consistent revenue. This final rule 
is expected to reduce administrative costs due to MSCVs not needing to 
notify NMFS of MAEs inseason and is expected to remove a regulatory and 
administrative

[[Page 77003]]

burden to NMFS and members of the MS sector. Current enforcement costs, 
the capability to monitor fishing activity (i.e., area closures, gear 
requirements, safety standards) and monitoring of the fishery through 
electronic monitoring or observers, including catch and discard 
accounting, will not change.

MS Processor Cap

    This final rule removes the MS usage limit (i.e., processor cap) of 
45 percent from regulation (Sec.  660.150(f)(3)(i)), and there are no 
longer restrictions on the amount of the MS sector allocation that an 
entity could process. MS permit holders are no longer required to 
submit to NMFS a trawl identification of ownership interest (OI) form 
in order to verify compliance of the MS processor cap, as per Sec.  
660.150(f)(3)(iv). MSCVs are still held to a 20 percent accumulation 
limit of the Pacific whiting CHA (50 CFR 660.150(g)(3)(i)) and a catch 
limit of 30 percent of the allocation (50 CFR 660.150(g)(3)(ii)).
    The Council recommended and NMFS is implementing the removal of the 
MS processor cap to provide MS permit holders additional flexibility 
and to prevent occurrences of MSCVs not being able to deliver to a MS 
processor that had exceeded or was close to exceeding the 45 percent 
processing cap. Removal of the MS processor cap is expected to provide 
positive benefits to the MS sector through increased harvesting 
capabilities and increased flexibility in management of the MS sector. 
This in turn may provide an increase in revenue for the fishery as a 
whole and for fishing communities.
    Additionally, this final rule will eliminate the need for the 
industry or NMFS to monitor compliance with the accumulation limit and 
will provide the industry with the ability to harvest more fish when 
fish are present on the grounds and optimize the efficiencies built 
into the fishery (i.e., available crew, scheduled landings to 
motherships and processing capacity). As discussed in the proposed 
rule, the Council set the processing cap for the MS sector at 45 
percent to inhibit consolidation. Section 3.1.4 of The Analysis, 
however, shows it is likely that more than one MS would continue to 
participate in the fishery under the this final rule. Several factors, 
including Alaska pollock fishery opportunities and actual capacity of a 
single MS vessel, suggest that it would be unlikely and probably not 
feasible for one vessel to process the entire allocation. In addition, 
the Analysis shows even if an entity was able to process the entirety 
of the MS allocation under this final rule, there would still be 
competition from other owners across the other whiting sectors and 
other fisheries that produce whitefish.

MS Processor & CP Permit Transfer

    This final rule removes restrictions prohibiting an at-sea Pacific 
whiting processing vessel from operating as a MS or CP in the same 
calendar year (50 CFR 660.112(d)(3) and (e)(3)). This action allows a 
processing vessel to operate as both an MS and CP in the same calendar 
year, but not on the same trip. Owners of processing vessels that 
intend to operate as both an MS and a CP during the Pacific whiting 
season are required to register the processing vessel under valid MS 
and CP permits per regulations at 50 CFR 660.25(b). The vessel may be 
registered under both an MS permit and a CP endorsed permit 
simultaneously. Additionally, this final rule includes some 
administrative changes to allow additional transfers of limited entry 
MS permits and limited entry permits with a CP endorsement so that 
these permits may be transferred more than twice within a calendar 
year.
    Current requirements for operating as a MS or CP continue to apply. 
To operate in the MS fishery (i.e., receive deliveries of catch from MS 
catcher vessel and process MS sector allocations at-sea) the vessel 
must be included in the MS co-op agreement. To operate in the CP 
fishery (i.e., catch and process CP sector allocations at-sea) the 
vessel must be included in the CP co-op agreement. Including a new 
vessel in either the MS or CP co-op agreement constitutes a material 
change to the co-op agreement. Within 7 calendar days of the new 
processing vessel operating for the first time in either the MS co-op 
fishery or the CP co-op fishery, the respective co-op manager must 
notify NMFS in writing of such change to the co-op agreement as 
required in regulations at 50 CFR 660.150(d)(1)(iii)(B)(4) and 
660.160(d)(1)(iii)(B)(4).
    Consistent with current regulations at 50 CFR 
660.150(d)(1)(iii)(B)(4) and 660.160(d)(1)(iii)(B)(4), within 30 days 
of a new vessel participating in a co-op fishery, the MS or CP co-op 
manager must submit a revised co-op agreement to NMFS that lists all 
vessels and/or processing vessels operating in the respective co-op and 
include the new processing vessel, along with a letter describing the 
change to the co-op agreement.
    For each trip, the vessel is still required to update its vessel 
monitoring system (VMS) declaration to reflect its activity for that 
trip prior to departure as specified in existing groundfish regulations 
at 50 CFR 660.13(d)(4)(iv)(A).
    A separate economic data collection (EDC) form is required for the 
owner, lessee, charterer of a mothership vessel registered to an MS 
permit as well as owner, lessee, charterer of a catcher processor 
vessel registered to a CP-endorsed limited entry permit. If a vessel 
holds both types of permit in one calendar year, two EDC forms must be 
submitted as specified at 50 CFR 660.114. Additionally, separate cost 
recovery requirements apply to each sector, as described at 50 CFR 
660.115.
    The Council recommended and NMFS is lifting the restriction on MS 
and CP permit transfers to increase the likelihood that MSCVs have 
markets to which to deliver catch throughout the fishing season. The 
operational flexibility provided in this action would provide 
significant additional economic opportunity to at-sea Pacific whiting 
fishery participants and fishing communities. These measures will allow 
catcher vessels to harvest MS sector allocations and provide catch 
revenue to the respective vessel crews. In the event that additional 
processing vessels cannot commit to taking deliveries from catcher 
vessels (due to changes in business plans, for example) this action 
will provide additional harvesting and processing opportunities for at-
sea Pacific whiting fishery participants.

Summary of Anticipated Effects of This Final Rule

    Overall, this final rule is expected to increase attainment across 
all three non-tribal Pacific whiting sectors, with the largest change 
expected in the MS sector. While the movement of the primary season 
start date is likely to provide the most benefit in terms of harvest 
opportunities when both MS and MSCVs can be on the fishing grounds, the 
increased flexibility to have more processors (via the unlimited permit 
transfer) or have processors accept and potentially process higher 
amounts of catch (removal of the processor cap) may, in combination, 
provide the most opportunity to increase attainment and economic 
benefits for all sectors. Increased attainment of the Pacific whiting 
allocation, through additional fishing opportunity, processing 
capacity, and flexibility, will result in positive benefits to the 
fleet and the communities in which participants reside. There are 
expected to be no biological impacts outside of those previously 
disclosed in harvest specifications processes for both groundfish and 
Pacific whiting or those in the 2017 Biological Opinion for salmonids.

[[Page 77004]]

Other Actions Included in This Final Rule

    NMFS is also implementing additional administrative changes in this 
rule. This final rule adjusts cost recovery regulation language to 
state that the value of ``Pacific whiting'' instead of ``all 
groundfish'' will be used in the annual cost recovery fee calculations 
for the at-sea sectors to reflect the current practice of using Pacific 
whiting only in the cost recovery fee calculations. While the cost 
recovery regulations state that all groundfish harvested should be used 
to calculate ex-vessel value, it is current practice to use Pacific 
whiting only when calculating the ex-vessel value of the MS and CP 
sectors. Only Pacific whiting is used because there is insufficient 
data available on the value of non-whiting species encountered by the 
MS and CP sectors. This change reflects the original intention of the 
Council in their 2011 cost recovery recommendations. The Council 
recommended this change to NMFS at the April 2021 meeting.
    This final rule makes some technical, non-substantive changes to 
improve comprehensibility of the regulations by removing outdated 
regulations.

Comments and Responses

    NMFS held a public comment period on the proposed rule (87 FR 
55979, September 13, 2022) from September 13, 2022, to October 13, 
2022. NMFS received a total of four public comment submissions. Three 
of the public comments were from private citizens, and one of the 
public comments was from a commercial fishing entity that participates 
in one of the affected sectors. All expressed general support of the 
proposed rule with the exception of one commenter not supporting the 
change of the season start date. This comment and response is 
summarized below.
    Comment: A private citizen commented that they are concerned about 
moving the season start date forward two weeks due to the possible 
impacts on other fish populations, particularly Pacific salmon. That 
private citizen does not believe there is sufficient evidence to 
support moving the season start date forward, but is in favor of the 
other components of the rule.
    Response: This final rule appropriately balances NMFS's duties 
under the Magnuson-Stevens Act to conserve marine resources while 
simultaneously creating opportunities to achieve optimum yield and 
extends gratitude for the engagement of the public during this process. 
As detailed in the proposed rule (87 FR 55979, September 13, 2022) and 
in the Analysis, NMFS evaluated the potential impact of the season date 
change on salmon bycatch in the whiting sectors and determined that 
this action is unlikely to either increase the total amount of catch or 
change the composition of the bycatch. Specifically, the Analysis 
indicates the anticipated impacts would be within the effects 
considered in the 2017 Biological Opinion. NMFS is aware of the 
uncertainty in salmon bycatch and stock compositions since the fishery 
has not occurred during early May since the 1990s. However, the fishery 
continues to operate under the reasonable and prudent measures 
described in the incidental take statement (ITS) of the 2017 Biological 
Opinion to limit bycatch, and inseason management tools to reduce 
listed bycatch, therefore we have the ability to act to reduce bycatch 
if an issue does arise.

Classification

    NMFS is issuing this rule pursuant to section 304(b)(1)(A) and 
305(d) of the Magnuson-Stevens Act, which provides specific authority 
and procedure for implementing this action. The majority of this 
rulemaking is promulgated pursuant to section 304(b)(1)(A); the Council 
recommended this action at its April 2021 and March 2022 meetings. This 
rulemaking also includes minor regulatory changes promulgated pursuant 
to section 305(d). This action is necessary to improve 
comprehensibility of the regulations by removing outdated regulations.
    The NMFS Assistant Administrator has determined this final rule is 
consistent with the FMP, other provisions of the Magnuson-Stevens Act, 
and other applicable law.
    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. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. 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 
existing requirements for the Pacific Coast Groundfish Trawl 
Rationalization Program Permit and License Information Collection OMB 
Control Number 0648-0620 and revises the existing requirements by 
removing the requirement for the owner of the MSCV-endorsed permit to 
submit a copy of a MAE to NMFS that includes the MS permit owner's 
acknowledgement of termination of the catcher vessel's obligation to 
the permitted MS vessel. If a MS permit withdraws from the fishery 
before Pacific whiting has been allocated to the MS sector, this rule 
removes the requirement of the MS permit owner withdrawing from the 
fishery to provide written notification to NMFS and all owners of MSCV-
endorsed permits with CHA obligated to the MS permit withdrawing. 
Additionally, this rule removes the requirement for a MS to submit an 
ownership interest (OI) form. This rule removes 3 hours and 18 burden 
minutes per year for the fishery. Public reporting burden for removing 
the requirements of submitting a MAE, a MS permit withdrawal and 
removing the requirement of a MS submitting an OI form is estimated to 
result in a reduced average cost of $5.34 per year for participants of 
the fishery.
    The existing collection of information requirements continue to 
apply under the following OMB Control Number 0648-0573: Expanded Vessel 
Monitoring System (VMS) Requirements for the Pacific Groundfish 
Fishery.
    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 on 
the following website: https://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 
0648-0620.
    Notwithstanding any other provisions 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 660

    Fisheries, Fishing, Indian fisheries.


[[Page 77005]]


    Dated: December 9, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
660 as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for part 660 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 
U.S.C. 7001 et seq.


0
2. Amend Sec.  660.25 by:
0
a. Revise paragraphs (b)(4)(i)(E), (b)(4)(v)(A), and (b)(4)(vii)(C);
0
b. Add paragraph (b)(4)(vii)(D); and
0
c. Revise paragraph (b)(4)(viii)(C).
    The revisions and addition read as follows:


Sec.  660.25  Permits.

* * * * *
    (b) * * *
    (4) * * *
    (i) * * *
    (E) Limited entry permits with an MS/catcher vessel (CV) 
endorsement will not be renewed until SFD has received complete 
documentation of permit ownership as required under Sec.  660.150(g).
* * * * *
    (v) * * *
    (A) General. Change in permit owner and/or vessel owner 
applications must be submitted to NMFS with the appropriate 
documentation described at paragraphs (b)(4)(viii) and (ix) of this 
section. The permit owner may convey the limited entry permit to a 
different person. The new permit owner will not be authorized to use 
the permit until the change in permit owner has been registered with 
and approved by NMFS. NMFS will not approve a change in permit owner 
for a limited entry permit with a sablefish endorsement that does not 
meet the ownership requirements for such permit described at paragraph 
(b)(3)(iv)(B) of this section. NMFS will not approve a change in permit 
owner for a limited entry permit with an MS/CV endorsement that does 
not meet the ownership requirements for such permit described at Sec.  
660.150(g)(3). NMFS considers the following as a change in permit owner 
that would require registering with and approval by NMFS, including but 
not limited to: Selling the permit to another individual or entity; 
adding an individual or entity to the legal name on the permit; or 
removing an individual or entity from the legal name on the permit. A 
change in vessel owner includes any changes to the name(s) of any or 
all vessel owners, as registered with U.S. Coast Guard (USCG) or a 
state. The new owner(s) of a vessel registered to a limited entry 
permit must report any change in vessel ownership to NMFS within 30 
calendar days after such change has been registered with the USCG or a 
state licensing agency.
* * * * *
    (vii) * * *
    (C) Limited entry permits with an MS/CV endorsement. Limited entry 
permits with an MS/CV endorsement may be registered to another vessel 
up to two times during the calendar year as long as the second change 
in vessel registration is back to the original vessel. The original 
vessel is either the vessel registered to the permit as of January 1, 
or if no vessel is registered to the permit as of January 1, the 
original vessel is the first vessel to which the permit is registered 
after January 1. After the original vessel has been established, the 
first change in vessel registration would be to another vessel, but any 
second change in vessel registration must be back to the original 
vessel. On the second change in vessel registration back to the 
original vessel, that vessel must be used to fish exclusively in the MS 
Co-op Program described at Sec.  660.150 for the remainder of the 
calendar year, and declare into the limited entry mid water trawl, 
Pacific whiting mothership sector as specified at Sec.  
660.13(d)(4)(iv).
    (D) Limited entry MS permits and limited entry permits with a 
catcher/processor (C/P) endorsement. Vessels registered to both a MS 
permit and a C/P endorsed permit may operate in both the at-sea MS 
sector and C/P sector during the same calendar year, but not on the 
same trip. Prior to leaving port, a vessel registered under both a MS 
permit and a C/P endorsed permit must declare through VMS the sector in 
which it will participate for the duration of the trip, as specified at 
Sec.  660.13(d)(4)(iv)(A).
    (viii) * * *
    (C) For a request to change a vessel registration and/or change a 
permit owner or vessel owner for a MS/CV-endorsed limited entry permit, 
an Identification of Ownership Interest Form must be completed and 
included with the application form.
* * * * *

0
3. Amend Sec.  660.111 by:
0
a. Under the definition ``Accumulation limits'', remove paragraph 
(2)(i) and redesignate paragraphs (2)(ii) and (iii) as paragraphs 
(2)(i) and (ii);
0
b. Under the definition ``Ex-vessel value'', revise paragraphs (2) and 
(3); and
0
c. Remove the definitions of ``Mutual agreement exception'' and 
``Processor obligation''.
    The revisions read as follows:


Sec.  660.111  Trawl fishery--definitions.

* * * * *

Ex-vessel value * * *
    (2) For the MS Co-op Program, the value of Pacific whiting 
delivered by a catcher vessel to an MS-permitted vessel.
    (3) For the C/P Co-op Program, the value as determined by the 
aggregate pounds of Pacific whiting retained on board by the vessel 
registered to a C/P-endorsed limited entry trawl permit, multiplied by 
the MS Co-op Program average price per pound as announced pursuant to 
Sec.  660.115(b)(2).
* * * * *


Sec.  660.112  [Amended]

0
4. Amend Sec.  660.112 by:
0
a. Remove paragraph (d)(3);
0
b. Redesignate paragraphs (d)(4) through (6) as paragraphs (d)(3) 
through (5);
0
c. Remove paragraph (d)(7);
0
d. Redesignate paragraphs (d)(8) through (16) as paragraphs (d)(6) 
through (14);
0
e. Remove paragraph (e)(3); and
0
f. Redesignate paragraphs (e)(4) through (10) as paragraphs (e)(3) 
through (9).

0
5. Amend Sec.  660.113 by revising paragraphs (c)(3) introductory text, 
(c)(5)(ii)(A) introductory text, (c)(5)(ii)(A)(3), (5), (6), and (9), 
(d)(3) introductory text, (d)(5)(ii)(A) introductory text, 
(d)(5)(ii)(A)(2), (4), (5), and (6), (e)(3), and (e)(6)(i) to read as 
follows:


Sec.  660.113  Trawl fishery--recordkeeping and reporting.

* * * * *
    (c) * * *
    (3) Annual co-op report. The designated co-op manager for the 
mothership co-op must submit an annual report to NMFS and the Council 
by March 17 each year, before a co-op permit is issued for that year. 
The annual co-op report will contain information about the previous 
year's fishery, including:
* * * * *
    (5) * * *
    (ii) * * *
    (A) For all deliveries of Pacific whiting that the fish buyer buys 
from each fish seller:
* * * * *

[[Page 77006]]

    (3) The weight of Pacific whiting delivered;
* * * * *
    (5) The ex-vessel value of Pacific whiting;
    (6) The net ex-vessel value of Pacific whiting;
* * * * *
    (9) The total fee amount collected as a result of all Pacific 
whiting.
* * * * *
    (d) * * *
    (3) Annual co-op report. The designated co-op manager for the C/P 
co-op must submit an annual report to NMFS and the Council by March 17 
each year, before a co-op permit is issued for that year. The annual 
co-op report will contain information about the previous year's 
fishery, including:
* * * * *
    (5) * * *
    (ii) * * *
    (A) For all Pacific whiting:
* * * * *
    (2) The weight of Pacific whiting retained on board;
* * * * *
    (4) The ex-vessel value of Pacific whiting retained on board;
    (5) The net ex-vessel value of Pacific whiting retained on board; 
and
    (6) The total fee amount collected as a result of all Pacific 
whiting.
* * * * *
    (e) * * *
    (3) Deadline for proposed SMP. A proposed SMP must be submitted 
between February 1 and March 17 of the year in which it intends to be 
in effect to NMFS at: NMFS, West Coast Region, ATTN: Fisheries Permit 
Office, Bldg. 1, 7600 Sand Point Way NE, Seattle, WA 98115.
* * * * *
    (6) * * *
    (i) Submission deadline. The SMP postseason report must be received 
by NMFS and the Council no later than March 17 of the year following 
that in which the SMP was approved.
* * * * *

0
6. Amend Sec.  660.131 by revising paragraphs (b)(2)(ii), 
(b)(2)(iii)(A) and (B), and (b)(2)(iii)(C)(1) to read as follows:


Sec.  660.131  Pacific whiting fishery management measures.

* * * * *
    (b) * * *
    (2) * * *
    (ii) Criteria. The start of a Pacific whiting primary season may be 
changed based on a recommendation from the Council and consideration of 
the following factors, if applicable: Size of the harvest guidelines 
for whiting and bycatch species; age/size structure of the whiting 
population; expected harvest of bycatch and prohibited species; 
availability and stock status of prohibited species; expected 
participation by catchers and processors; environmental conditions; 
timing of alternate or competing fisheries; industry agreement; fishing 
or processing rates; and other relevant information.
    (iii) * * *
    (A) Catcher/processor sector--May 1.
    (B) Mothership sector--May 1.
    (C) * * *
    (1) North of 40[deg]30' N lat.--May 1; and
* * * * *

0
7. Amend Sec.  660.150 by:
0
a. Revise the section heading;
0
b. In paragraph (b)(1)(i)(A), add the word ``and'' following the 
semicolon at the end of paragraph;
0
c. In paragraph (b)(1)(i)(B), remove ``; and'' and add a period in its 
place;
0
d. Remove paragraphs (b)(1)(i)(C) and (b)(2)(i)(A)(3);
0
e. Redesignate paragraph (b)(2)(i)(A)(4) as paragraph (b)(2)(i)(A)(3);
0
f. Revise paragraph (c)(6)(i)(A);
0
g. Remove paragraph (c)(7);
0
h. Revise paragraph (d)(1)(ii) and the introductory text of paragraph 
(d)(1)(iii);
0
i. Remove paragraph (d)(1)(iii)(A)(1)(iii);
0
j. Redesignate paragraphs (d)(1)(iii)(A)(1)(iv) through (xii) as 
paragraphs (d)(1)(iii)(A)(1)(iii) through (xi);
0
k. Remove paragraph (f)(3);
0
l. Redesignate paragraphs (f)(4) through (6) as paragraphs (f)(3) 
through (5); and
0
m. Revise paragraph (g)(2)(i) introductory text.
    The revisions read as follows:


Sec.  660.150  Mothership (MS) Co-op Program.

* * * * *
    (c) * * *
    (6) * * *
    (i) * * *
    (A) Through an inter-co-op agreement, the designated co-op managers 
of permitted MS co-ops may distribute Pacific whiting allocations among 
one or more permitted MS co-ops.
* * * * *
    (d) * * *
    (1) * * *
    (ii) Annual registration and deadline. Each year, a co-op entity 
intending to participate as a co-op under the MS Co-op Program must 
submit an application for a MS co-op permit between January 17 and 
March 17 of the year in which it intends to fish. NMFS will not 
consider any applications received after March 17. An MS co-op permit 
expires on December 31 of the year in which it was issued.
    (iii) Application for MS co-op permit. The designated co-op 
manager, on behalf of the co-op entity, must submit a complete 
application form and include each of the items listed in paragraph 
(d)(1)(iii)(A) of this section. Only complete applications will be 
considered for issuance of a MS co-op permit. An application will not 
be considered complete if any required application fees and annual co-
op reports have not been received by NMFS. NMFS may request additional 
supplemental documentation as necessary to make a determination of 
whether to approve or disapprove the application. Application forms and 
instruction are available on the NMFS West Coast Region (WCR) website 
(https://www.fisheries.noaa.gov/permit/groundfish-mothership-cooperative-permit) or by request from NMFS. The designated co-op 
manager must sign the application acknowledging the responsibilities of 
a designated co-op manager defined in paragraph (b)(3) of this section. 
For permit owners with more than one MS/CV endorsement and associated 
CHA, paragraph (g)(2)(iv)(D) of this section specifies how to join an 
MS co-op(s).
* * * * *
    (g) * * *
    (2) * * *
    (i) Renewal. An MS/CV-endorsed permit must be renewed annually 
consistent with the limited entry permit regulations given at Sec.  
660.25(b)(4). During renewal, all MS/CV-endorsed limited entry permit 
owners must make a preliminary declaration regarding their intent to 
participate in the co-op or non-co-op portion of the MS Co-op Program 
for the following year. MS/CV-endorsed permits not obligated to a 
permitted MS co-op by March 17 of the fishing year will be assigned to 
the non-co-op fishery. For an MS/CV-endorsed permit that is not 
renewed, the following occurs:
* * * * *

0
8. Amend Sec.  660.160 by:
0
a. Remove paragraph (b)(1)(i)(C); and
0
b. Revise paragraphs (d)(1)(ii), (e)(1)(iii), and (e)(2)(i).
    The revisions read as follows:


Sec.  660.160  Catcher/processor (C/P) Co-op Program.

* * * * *
    (d) * * *
    (1) * * *
    (ii) Annual registration and deadline. Each year, the co-op entity 
must submit

[[Page 77007]]

a complete application to NMFS for a C/P co-op permit. The application 
must be submitted to NMFS by between January 17 and March 17 of the 
year in which it intends to participate. NMFS will not consider any 
applications received after March 17. A C/P co-op permit expires on 
December 31 of the year in which it was issued.
* * * * *
    (e) * * *
    (1) * * *
    (iii) Restriction on C/P vessel operating as mothership. A vessel 
registered to a C/P-endorsed permit may operate as a mothership during 
the same calendar year it participates in the C/P sector but not on the 
same trip.
* * * * *
    (2) * * *
    (i) Renewal. A C/P-endorsed permit must be renewed annually 
consistent with the limited entry permit regulations given at Sec.  
660.25(b)(4).
* * * * *

0
9. Amend Sec.  660.604 by revising paragraph (e) introductory text and 
paragraph (i) to read as follows:


Sec.  660.604  Vessel and first receiver responsibilities.

* * * * *
    (e) Electronic Monitoring (EM) Authorization. To obtain an EM 
Authorization, a vessel owner must submit an initial application to the 
NMFS West Coast Region Fisheries Permit Office, and then a final 
application that includes an EM system certification and a vessel 
monitoring plan (VMP). NMFS will only review complete applications. 
NMFS will issue a public notice at least 90 calendar days prior to when 
it will begin accepting applications for EM Authorizations for the 
first year of the Program. Once NMFS begins accepting applications, 
vessel owners that want to have their EM Authorizations effective for 
January 1 of the following calendar year must submit their complete 
application to NMFS by October 1. Vessel owners that want to have their 
EM Authorizations effective for the primary whiting season start date 
must submit their complete application to NMFS by February 1 of the 
same year.
* * * * *
    (i) Renewing an EM Authorization. To maintain a valid EM 
Authorization, vessel owners must renew annually prior to the permit 
expiration date. NMFS will mail EM Authorization renewal forms to 
existing EM Authorization holders each year on or about: September 1 
for non-trawl shorebased IFQ vessels and January 1 for Pacific whiting 
IFQ and MS/CV vessels. Vessel owners who want to have their EM 
Authorizations effective for January 1 of the following calendar year 
must submit their complete renewal form to NMFS by October 15. Vessel 
owners who want to have their EM Authorizations effective for the 
primary whiting season start date of the following calendar year must 
submit their complete renewal form to NMFS by February 1.
* * * * *
[FR Doc. 2022-27117 Filed 12-15-22; 8:45 am]
BILLING CODE 3510-22-P