Fisheries of the Exclusive Economic Zone; Bering Sea and Aleutian Islands Crab Rationalization Program, 47872-47878 [2024-12230]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 108 (Tuesday, June 4, 2024)]
[Rules and Regulations]
[Pages 47872-47878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12230]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 680

[Docket No. 240529-0147]
RIN 0648-BM81


Fisheries of the Exclusive Economic Zone; Bering Sea and Aleutian 
Islands Crab Rationalization Program

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement amendments 54 and 55 to 
the Fishery Management Plan (FMP) for Bering Sea and Aleutian Islands 
(BSAI) King and Tanner Crabs (Crab FMP). This final rule revises two 
provisions of the Crab Rationalization Program (CR Program) to do the 
following: change active crab fishery participation requirements for 
crab quota share (QS) established for catcher vessel crew (CVC) and 
catcher/processor crew (CPC), also called C Shares; expand individual 
processing quota (IPQ) exemptions for custom processing from processor 
use caps; and remove the processor facility use cap. These actions are 
intended to promote the goals and objectives of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), the 
Crab FMP, and other applicable laws.

DATES: This rule is effective July 5, 2024, except for the addition of 
a definition for ``Fishing trip'' in 50 CFR 680.2 at instruction 2 and 
the amendments to 50 CFR 680.40 at instruction 5 and 50 CFR 680.43 at 
instruction 8, which are effective May 31, 2024.

ADDRESSES: Electronic copies of amendments 54 and 55 to the Crab FMP, 
the Regulatory Impact Reviews (RIRs), and the Categorical Exclusion 
prepared for this action are available from https://www.regulations.gov 
or from the NMFS Alaska Region website at https://fisheries.noaa.gov/region/alaska. Application for Annual Crab IFQ Permit forms are 
available from https://www.fisheries.noaa.gov/permit/bering-sea-and-aleutian-islands-crab-rationalization-applications-and-reporting-forms. 
NMFS determined that this final action amending the Crab FMP is 
categorically excluded from requirements to prepare an environmental 
assessment under the National Environmental Policy Act.
    The Environmental Impact Statement (EIS), RIR, Final Regulatory 
Flexibility Analysis (FRFA), and Social Impact Assessment that were 
previously prepared for the CR Program are available from the NMFS 
Alaska Region website at https://www.fisheries.noaa.gov/region/alaska.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to NMFS Alaska Region, P.O. Box 21668, 
Juneau, AK 99802-1668, Attn: Gretchen Harrington; and to https://www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review'' or by using the 
search function.

FOR FURTHER INFORMATION CONTACT: Andrew Olson, 907-586-7228, 
[email protected].

SUPPLEMENTARY INFORMATION: NMFS published a Notice of Availability for 
amendments 54 and 55 to the Crab FMP in the Federal Register on 
February 27,

[[Page 47873]]

2024 (89 FR 14427), with comments invited through April 29, 2024. NMFS 
published a proposed rule to implement amendments 54 and 55 to the Crab 
FMP on March 7, 2024 (89 FR 16510) with comments invited through April 
8, 2024. The Secretary of Commerce has delegated her authority to 
approve fishery management plan amendments to the Assistant 
Administrator for NOAA fisheries, who approved amendments 54 and 55 on 
May 29, 2024, after considering information from the public and 
determining that amendments 54 and 55 are consistent with the Crab FMP, 
the Magnuson-Stevens Act, and other applicable laws. All comments 
submitted on or before April 29, 2024, were considered in the approval 
of amendments 54 and 55 and the development of this final rule and no 
substantive changes have been made from the proposed rule in this final 
rule. A summary of the comments and NMFS's responses are provided under 
the heading ``Comments and Responses'' below.

Background

    This section includes a brief description of the CR Program and the 
particular CR Program regulations that would be modified by this final 
rule and a summary of (1) CR Program, (2) C Shares and Active 
Participation Requirements, (3) IPQ Use Caps and Custom Processing, and 
(4) Processer Facility Use Cap. Additional background information and 
detail about the CR Program is provided in the final rule to implement 
the CR Program (70 FR 10147, March 2, 2005). In this document, the 
phrases ``crab fishery,'' ``crab fisheries,'' ``quota share (QS),'' 
``individual fishing quota (IFQ),'' and ``individual processor quota 
(IPQ)'' refer to CR Program fisheries and the associated CR Program, 
unless otherwise specified. A more detailed description of the need for 
this rule and background information on relevant CR Program elements is 
included in the preamble to the proposed rule (March 7, 2024, 89 FR 
16510) and section 3.2 of the RIRs for amendments 54 and 55.

CR Program

    The CR Program initially assigned QS to persons based on their 
historic participation in one or more of the nine BSAI crab fisheries 
during a specific time period. Under the CR Program, NMFS issued four 
types of QS: catcher vessel owner (CVO) QS was assigned to holders of 
License Limitation Program (LLP) licenses who delivered their catch to 
shoreside crab processors or to stationary floating crab processors; 
catcher/processor owner (CPO) QS was assigned to LLP license holders 
who harvested and processed their catch at sea; CPC QS was issued to 
operators and crew on board catcher/processor vessels; and CVC QS was 
issued to operators and crew on board catcher vessels.
    Each crab fishing year, which is the period from July 1 of one 
calendar year through June 30 of the following calendar year (Sec.  
680.2), a person who holds QS in one or more of the crab fisheries may 
receive an exclusive harvest privilege for a portion of the annual 
total allowable catch (TAC) of a crab fishery, called an individual 
fishing quota (IFQ).
    NMFS also issued processor quota share (PQS) to CR Program 
processors based on their historic participation in one or more of the 
nine crab fisheries during a specific time period. Each crab fishing 
year, PQS yields an exclusive privilege to process a portion of the IFQ 
for each crab fishery, and this annual exclusive privilege is called 
IPQ. Annually, both harvester and processor QS holders must submit 
timely applications to NMFS by June 15 to ensure proper issuance of IFQ 
and IPQ prior to the start of the crab fishing year on July 1.

C Shares and Active Participation Requirements

    The Council's intent in creating CVC QS and CPC QS in the CR 
Program was to provide both a QS holding opportunity for long-term 
individual fishery participants who intended to remain active in the CR 
Program crab fisheries and an entry level QS acquisition opportunity 
for new individual entrants. To qualify for annual issuance of IFQ and 
to retain QS, CVC QS and CPC QS holders must meet active participation 
requirements over the most recent, consecutive 3 and 4 crab fishing 
years. Active participation requirements must be demonstrated by either 
participating as crew in at least one delivery for a CR Program crab 
fishery or, if the CVC QS or CPC QS holder was an initial recipient, 
participating as crew in at least 30 days of fishing in any commercial 
fishery managed by the State of Alaska or U.S. commercial fishery in 
Federal waters off Alaska (Sec.  680.40(g)(2) and (m)). Exemptions from 
participation requirements exist for CVC QS and CPC QS holders who are 
new entrants and have held QS for less than 3 or 4 crab fishing years 
((Sec.  680.40(g)(2)(iii) and (m)(5)), initial recipients of QS, or 
individuals who participated as crew in a crab delivery prior to the CR 
Program implementation (Sec.  680.41(c)(1)(vii)(B)). Currently, if a 
CVC QS or CPC QS holder holds QS exclusively in a single crab fishery 
and that fishery is closed for an entire crab fishing year, NMFS 
excludes that year when determining if participation requirements have 
been satisfied.

IPQ Use Caps and Custom Processing

    When the Council recommended the CR Program, it expressed concern 
about the potential for excessive consolidation of QS and PQS whereby 
too few persons would control the QS or PQS and the resulting annual 
IFQ and IPQ. The Council determined that excessive consolidation can 
have adverse effects on crab markets, price setting negotiations 
between harvesters and processors, employment opportunities for 
harvesting and processing crew, tax revenue to communities in which 
crab are landed, and other factors considered and described in the CR 
Program EIS. To address the consolidation concerns, the CR Program 
limits the amount of QS that a person can hold (i.e., own), the amount 
of IFQ that a person can use, and the amount of IFQ that can be used 
(i.e., fished) on board a crab fishery vessel. Similarly, the CR 
Program limits the amount of PQS that a person can hold, the amount of 
IPQ that a person can use (i.e., the amount of crab they can process), 
and the amount of IPQ that can be processed and custom processed at a 
given facility. Collectively, these harvesting and processing limits 
are commonly referred to as use caps.
    A custom processing arrangement exists when one IPQ holder has a 
contract with the owners of a processing facility to have crab 
processed at that facility, when that IPQ holder does not have an 
ownership interest in the processing facility, and when that IPQ holder 
is not otherwise affiliated with the owners of that crab processing 
facility. The Council created custom processing arrangement exemptions 
to improve operational efficiencies in crab fisheries with historically 
low TACs or that occur in more remote regions. Thus, in certain CR crab 
fisheries, the Council exempted IPQ crab processed under a custom 
processing arrangement from applying against the IPQ use cap. Custom 
processing arrangement exemptions allow processing facilities to 
process more crab without triggering the IPQ use cap and prevent 
potential loss of financial benefits due to forgone crab harvests.

Processor Facility Use Cap

    The Eastern Aleutian Island golden king crab (EAG) (Lithodes 
aequispinus) and Western Aleutian Island red king crab (WAI) 
(Paralithodes camtschaticus) crab fisheries are the only 2 of the 9 CR

[[Page 47874]]

crab fisheries subject to a 60 percent cap on the amount of IPQ that 
can be used at a processing facility. This 60 percent use cap provision 
applies to all IPQ crab processed at a shoreside crab processor or 
stationary floating crab processor and does not exempt IPQ crab that 
are delivered under a custom processing arrangement from IPQ use cap 
calculations. This provision was intended to limit the potential 
consolidation of IPQ ownership that can occur under the custom 
processing exemption and to prevent excessive consolidation of the 
number of processors available to harvesters, a scenario that is more 
likely in the EAG and WAI fisheries compared to the other fisheries 
with custom processing exemptions given their historically relatively 
small TACs compared to other crab fisheries and with the WAI fishery 
being closed since the 2004/2005 crab fishing year.

Amendment 54 and Amendment 55

    The final rule implements amendments 54 and 55 to the Crab FMP. The 
preamble to the proposed rule provides a description of the need for 
amendments 54 and 55 which is briefly summarized here.
    Since 2020, the COVID-19 pandemic and abundance declines in the 
Bristol Bay red king crab (BBR) and Bering Sea snow crab (BSS) 
(Chionoecetes opilio) fisheries have reduced harvest opportunities for 
CR Program participants resulting in processor inefficiencies, 
potential for stranded (unfished) IFQ, and potential that CVC QS and 
CPC QS holders would not meet active participation requirements 
necessary to receive annual issuance of IFQ and retain QS in subsequent 
years. This dynamic resulted in NMFS withholding IFQ or revoking QS for 
CVC QS and CPC QS holders that have failed to meet active participation 
requirements.
    On July 15, 2022, NMFS issued an emergency rule (87 FR 42390) to 
provide CVC QS and CPC QS holders 1 additional year to demonstrate 
active participation in any crab fishery for receiving IFQ or 
maintaining CVC QS or CPC QS, regardless of participation status in the 
preceding 4 years. At the same time the Council requested that 
emergency action, the Council also initiated an analysis of 
alternatives for changes to CVC QS and CPC QS participation 
requirements to address the reduced crew opportunities due to the 
COVID-19 pandemic and abundance declines in the BBR and BSS fisheries. 
The decline in crab abundance has also led to processor inefficiencies, 
with more facilities than necessary processing relatively low TACs, 
posing economic challenges under current IPQ use caps and risking the 
stranding of IFQ.
    In December 2023, the Council recommended amendments 54 and 55 to 
the Crab FMP to provide operators and crew greater flexibility in 
meeting CR Program participation requirements and to improve CR Program 
processor efficiency. Amendment 54, amendment 55, and this final rule 
are intended to help CR Program participants adapt to the BSAI crab 
fisheries growing instability. There are continuing historical and 
recent closures for a number of crab fisheries, some of which have been 
declared overfished or are in the process of rebuilding. CR fisheries 
are experiencing variable stock health dynamics impacted by 
environmental change. Amendment 54 and this final rule enhance 
operational flexibility for current CVC QS and CPC QS holders, equalize 
active participation requirements for both initial recipients and new 
entrants, and maintain that CVC QS and CPC QS are held by active 
fishery participants only. Active participation requirements encourage 
those who are no longer active in the crab fishery to divest their CVC 
QS or CPC QS to preserve opportunities for new entrants to acquire QS. 
Amendment 55 and this final rule improve processor efficiency and 
enhance opportunities for IFQ processing. Further, amendment 55 and 
this final rule reduce chances that IFQ will be stranded, thereby 
benefiting processors, harvesters, and communities with processing 
facilities.

The Final Rule

    This final rule revises regulations at 50 CFR part 680. This 
section describes the revisions to implement amendments 54 and 55 to 
the Crab FMP, as well as additional, related revisions recommended by 
the Council and/or proposed by NMFS.

C Shares and Active Participation Requirements

    This final rule revises several regulations governing CVC QS, CPC 
QS and active participation requirements. First, this final rule 
modifies the active participation requirements for CVC QS and CPC QS 
holders by restarting the 3- and 4-crab fishing year rolling timeframe 
for meeting active participation requirements for all QS holders. CVC 
QS and CPC QS holders must satisfy participation requirements for one 
of the 3 crab fishing years preceding the crab fishing year for which 
they are applying for IFQ to be eligible to receive an annual issuance 
of IFQ. CVC QS and CPC QS holders must satisfy participation 
requirements during one of the 4 crab fishing years preceding the crab 
fishing year for which they are applying for IFQ in order to retain QS. 
This final rule modifies regulations at Sec.  680.40 to restart the 
active participation requirement based on this final rule's effective 
date. For example, if this final rule is made effective in June 2024, 
active participation requirements will restart for the 2024/2025 crab 
fishing year and CVC QS and CPC QS holders will not need to demonstrate 
active participation until the 2027/2028 crab fishing year for annual 
issuance of IFQ and in 2028/2029 for retention of QS. In order to 
receive IFQ for the 2027/2028 crab fishing year, a CVC QS or CPC QS 
holder will have had to have satisfied the participation requirements 
during the 2024/2025, 2025/2026, or 2026/2027 crab fishing years. For 
retention of QS in the subsequent 2028/2029 crab fishing year, a CVC QS 
or CPC QS holder will have had to have satisfied the participation 
requirements during the 2024/2025, 2025/2026, 2026/2027, or 2027/2028 
crab fishing years.
    Second, this final rule adds regulations to allow a CVC QS or CPC 
QS holder to request NMFS to reissue any QS that NMFS revoked between 
July 1, 2019, and the effective date of this final rule. In order to 
initiate reissuance of previously revoked CVC QS or CPC QS, NMFS added 
a field on the Application for Annual Crab IFQ Permit to be available 
for two application cycles. This approach provides approximately one 
year, to encompass two application cycles (due on June 15 each year), 
for an individual to request reissuance of their revoked CVC QS or CPC 
QS.
    Third, this final rule standardizes and expands the participation 
requirements by removing the distinction between initial recipients and 
new entrants and allowing for all CVC QS and CPC QS holders to satisfy 
active participation requirements by either participating in at least 
one fishing trip with a delivery of crab in any CR Program fishery or 
by participating in crew activity in any combination on board fishing 
or tender vessels in commercial fisheries managed by the State of 
Alaska or a U.S. commercial fishery in Federal waters off Alaska for at 
least 30 days.
    Fourth, this final rule expands the single closed CR Program 
fishery exemption for CVC QS and CPC QS holders with QS exclusively in 
closed CR Program fisheries to apply to more than just a single closed 
CR Program fishery. With this exemption, if a CVC QS or CPC QS holder 
holds QS

[[Page 47875]]

exclusively in closed CR Program fisheries in a given crab fishing 
year, that year will be excluded when determining if participation 
requirements have been met for eligibility to receive an annual 
issuance of IFQ and prevent revocation of QS.
    Fifth, this final rule clarifies that the requirement to 
participate as crew in at least one crab delivery in order to meet 
participation requirements also includes participating in the fishing 
trip that results in a crab landing. This final rule modifies the 
definition of ``fishing trip'' as defined at Sec.  680.2 to be 
applicable for the purposes of participation requirements at Sec.  
680.40(g) and (m).

IPQ Use Caps and Custom Processing

    This final rule revises several regulations concerning custom 
processing and IPQ use caps. First, this final rule revises regulations 
at Sec.  680.42(b) to identify BSS, BBR, and WAG crab fisheries as 
fisheries in which custom processing is exempt from the IPQ use cap. 
Adding these crab fisheries to those covered by the custom processing 
exemption means that all crab fisheries are now included; the list of 
exempt crab fisheries is no longer necessary and has been removed from 
regulatory text. Under revised Sec.  680.42(b), custom processing would 
count toward the IPQ use cap only in rare situations involving specific 
geographic boundaries. Also, this final rule revises the remaining 
regulations included at Sec.  680.42(b)(1) through (9) to specify how 
IPQ use caps are calculated.
    Second, this final rule revises the definition of ``custom 
processing'' at Sec.  680.2 to define ownership interest consistent 
with terminology used in regulations governing IPQ use caps exemptions 
at Sec. Sec.  680.7(a)(7) and 680.42(b)(7). Next, this final rule adds 
``custom processing'' to Sec.  680.42(b) to clarify that IPQ crab 
processed as defined in Sec.  680.2 in any crab fishery does not count 
towards IPQ use caps. Finally, this final rule modifies regulations at 
Sec.  680.7(a)(7) in order to guide readers to Sec.  680.42(b) for IPQ 
crab use cap calculations.
    Third, this final rule removes regulations at Sec.  680.7(a)(8) 
that prohibited using a corporate form to circumvent the IPQ use cap 
through custom processing.
    Lastly, this final rule revises regulations at Sec.  680.42(b)(1) 
to specify that a person cannot exceed their IPQ beyond their held PQS 
unless they received an initial allocation of PQS exceeding the 30 
percent use cap or the IPQ is subject to an exemption specified at 
Sec.  680.4(p) or is used for custom processing at a facility within 
specific boundaries specified at Sec.  680.42(b)(1)(ii)(C)(2). This 
final rule also modifies Sec.  680.42(b)(2) and subparagraph (ii) to 
make technical fixes and accurately cite the custom processing 
exemption while restructuring regulations at Sec.  680.42(b)(3) through 
(6) for better clarity and comprehension.

Processer Facility Use Cap

    This final rule revises regulations at Sec.  680.7(a)(9) to remove 
the limit on shoreside crab processors and stationary floating crab 
processors east of 174[deg] W from processing more than 60 percent of 
the IPQ issued in the EAG and WAI crab fisheries. This change removes 
this restriction that was specific to the EAG and WAI crab fisheries 
and helps ensure that harvester IFQ is fished even if there is only one 
processing facility operating for each of these crab fisheries.

Other Regulatory Provisions

    This final rule also includes various technical edits and 
corrections to particular regulations to remove typographical errors 
and improve clarity. This final rule revises regulations at Sec.  
680.41(j) to correct a typographical error to change the word ``and'' 
to ``an'' and at Sec.  680.42(a)(3)(i) to remove the phrase ``more 
than,'' which is redundant with the preceding phrase ``in excess of.''
    Finally, this final rule modifies regulations at Sec.  
680.42(b)(1)(i) by replacing the phrase ``PQS in excess of'' with 
``more than'' to align the language with similar terminology used at 
Sec.  680.42(b)(1)(ii) regarding IPQ usage. Additionally, this final 
rule modifies regulations at Sec.  680.42(b)(2) by replacing ``more 
than'' with ``IPQ in excess of'' to maintain consistency with language 
used in Sec.  680.42(a).

Comments and Responses

    NMFS received nine comment letters on the proposed rule. Two 
comments were outside the scope of this action and NMFS considered four 
unique relevant comments, which are summarized and responded to below.
    Comment 1: Seven commenters express support for the proposed rule 
and concur with the rationale for the action to improve processor 
efficiency and flexibility for CVC and CPC QS holders in meeting 
participation requirements for CR Program fisheries. The commenters 
urge NMFS to expedite adoption of this rule prior to the Application 
for Annual Crab IFQ Permit deadline of June 15, 2024.
    Response: NMFS acknowledges this comment.
    Comment 2: The commenter supports this rule as long as it supports 
sustainable and environmentally friendly crab harvesting and the 
methods used to harvest crab do not jeopardize crab populations.
    Response: NMFS acknowledges this comment. As described in the 
preamble to the proposed rule, this final rule, and the RIRs, this 
action does not modify the methods or processes used in determining 
annual stock abundance and management of crab stocks and fisheries.
    Comment 3: Two commenters express concerns with existing barriers 
for new entrants to invest in CR Program fisheries and request NMFS 
consider modifying CVC QS and CPC QS holder transfer eligibility 
requirements to match or be similar to the participation requirements 
being changed in this action under amendment 54 to increase 
accessibility.
    Response: This final rule modifies participation requirements to 
increase flexibility for CVC QS and CPC QS holders to receive an annual 
issuance of IFQ and retain QS, per amendment 54 to the Crab FMP. 
Modifying regulations associated with CVC QS and CPC QS holder transfer 
eligibility requirements is outside the scope of this action.
    Comment 4: The commenter requests NMFS conduct an Environmental 
Assessment (EA) for amendment 54 due to the RIR not adequately 
considering the impact to harvest levels, crab stock abundance, and the 
human environment by reinstating CVC QS and CPC QS allocation of the 
crab fisheries TACs.
    Response: NMFS disagrees. This final rule does not modify the 
methods or processes used in determining annual stock abundance and 
management of the crab stocks and fisheries, nor does it modify the 
total amount of CVC QS and CPC QS under the CR Program. Amendment 54 
and this final rule modify participation requirements to increase 
flexibility for CVC QS and CPC QS holders to receive an annual issuance 
of IFQ and retain QS. This final rule allows CVC QS and CPC QS holders 
who failed to meet participation requirements and had their QS revoked 
to apply for reissuance. In other words, although this final rule may 
result in more CVC QS and CPC QS holders, it does not change the QS 
pool available as CVC QS and CPC QS. Therefore, this final rule does 
not impact harvest levels, crab stock abundance, or the human 
environment. A NEPA Categorical Exclusion is appropriate for this 
action since it is a technical change to a fishery management 
regulation that will not result in a substantial change in fishing 
location, timing, effort, authorized gear

[[Page 47876]]

types, or harvest levels. Section 3.2 of the RIR for amendment 54 
provides additional detail on CR Program management and establishment 
of CVC QS and CPC QS.

Changes From Proposed to Final Rule

    There have been no changes in this final rule from the proposed 
rule.

Classification

    Pursuant to sections 304(b) and 305(d) of the Magnuson-Stevens Act, 
the NMFS Assistant Administrator has determined that this final rule is 
consistent with the amendments 54 and 55, 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.

Administrative Procedure Act

    The NMFS Assistant Administrator finds good cause under 5 U.S.C. 
553(d)(3) to waive the 30-day delay in the effective date of this final 
rule for changes to amendment 54 that include participation 
requirements for CVC QS and CPC QS holders, the definition of ``fishing 
trip'' specified in 50 CFR 680.2, Sec.  680.40 and Sec.  680.43. 
Amendment 54 is designed to benefit all CVC QS and CPC QS holders who 
participate in CR Program fisheries, and waiving the 30-day delay in 
the effective date of this final rule is necessary to provide CVC QS 
and CPC QS holders sufficient time to complete their Application for 
Annual Crab IFQ Permit. Waiver allows timely reissuance of previously 
revoked QS, issuance of annual IFQ, determination of QS withholding and 
revocations, and consideration of any applicable exemptions. The 
Application for Annual Crab IFQ Permit are due by June 15, 2024, and 
amendment 54 implementing regulations must be effective prior to this 
application deadline for applicants to have access to the revised 
application form and have time to request re-issuance of previously 
revoked QS. Without wavier of the 30-day cooling off-period for the 
regulations implementing amendment 54, CVC QS and CPC QS holders would 
not realize the benefits of this action until the subsequent 2025/2026 
crab fishing year, resulting in unnecessary economic hardship. For 
reasons set forth in the Analysis and the preambles of the proposed 
rule and the final rule, the Council and NMFS have determined that 
these actions will provide flexibility for CVC QS and CPC QS holders to 
meet participation requirements regardless of the level of crab 
abundance and remain active participations in CR Program fisheries.

Certification Under the Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action does 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.

Regulatory Impact Review

    A Regulatory Impact Review was prepared for amendment 54 and 55 to 
assess all costs and benefits of available regulatory alternatives. 
Copies of these RIRs are available from NMFS (see ADDRESSES). The 
Council recommended amendments 54, 55, and the regulatory revisions in 
this final rule based on those measures that maximized net benefits to 
the Nation. Specific aspects of the economic analysis are discussed 
above in the Certification under the Regulatory Flexibility Act 
section.

Collection-of-Information Requirements

    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 final rule revises 
the existing requirements for the collection of information OMB Control 
Number 0648-0514 (Alaska Region Crab Permits). Because of a concurrent 
action for 0648-0514, the revision to that collection of information 
for this final rule was assigned a temporary control number, 0648-0820, 
that will later be merged into 0648-0514. This collection is revised to 
add an option to the Application for Annual Crab IFQ Permit for a CVC 
QS and CPC QS holder to request reissuance of previously revoked CVC QS 
or CPC QS. This final rule does not change the number of respondents, 
responses, burden hours, or burden costs for this application. Public 
reporting burden for the Application for Annual Crab IFQ Permit is 
estimated to average 2.5 hours, 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 these information collections can be submitted on 
the following website: https://www.reginfo.gov/public/do/PRAMain. Find 
the particular information collection by selecting ``Currently under 
Review'' or by using the search function and entering either the title 
of the collection or the OMB control number.
    Notwithstanding any other provisions of law, no person is required 
to respond to, and no person is be subject to 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 680

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: May 30, 2024.
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 
680 as follows:

PART 680--SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF 
ALASKA

0
1. The authority citation for 50 CFR part 680 continues to read as 
follows:

    Authority: 16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479.


0
2. Effective May 31, 2024, amend Sec.  680.2 by adding a definition for 
``Fishing trip'' in alphabetical order to read as follows:


Sec.  680.2  Definitions.

* * * * *
    Fishing trip means, for the purposes of Sec. Sec.  680.7(e)(2) and 
680.40(g)(2)(i)(A) and (m)(2)(i), the period beginning when a vessel 
operator commences harvesting crab in a crab QS fishery and ending when 
the vessel operator offloads or transfers any processed or unprocessed 
crab in that crab QS fishery from that vessel.
* * * * *

0
3. Effective July 5, 2024, further amend Sec.  680.2 by revising the 
definition of ``Custom processing'' and removing the definition of 
``Fishing trip for purposes of Sec.  680.7(e)(2)''.
    The revision reads as follows:


Sec.  680.2  Definitions.

* * * * *

[[Page 47877]]

    Custom processing means processing crab in any CR fishery when the 
IPQ holder does not have a 10 percent or greater direct or indirect 
ownership interest in the processing facility or affiliation with the 
processing facility's owners.
* * * * *

0
4. Effective July 5, 2024, amend Sec.  680.7 by:
0
a. Adding a comma after the first use of ``fishery'' in paragraph 
(a)(5);
0
b. Revising paragraph (a)(7); and
0
c. Removing paragraphs (a)(8) and (9).
    The revision reads as follows:


Sec.  680.7  Prohibitions.

    (a) * * *
    (7) For an IPQ holder to use more IPQ than the maximum amount of 
IPQ that may be held by that person under Sec.  680.42(b).
* * * * *

0
5. Effective May 31, 2024, amend Sec.  680.40 by revising paragraphs 
(g)(2), (g)(3) introductory text, and (m)(1), (2), and (5) and adding 
paragraph (m)(6) to read as follows:


Sec.  680.40  Crab quota share (QS), processor QS (PQS), individual 
fishing quota (IFQ), and individual processor quota (IPQ).

* * * * *
    (g) * * *
    (2) Eligibility for CVC IFQ and CPC IFQ. For each crab fishing year 
after June 30, 2027, individuals holding CVC QS or CPC QS permits must 
meet the participation requirements set forth in paragraph (g)(2)(i) of 
this section in order to receive CVC IFQ or CPC IFQ, unless the CVC QS 
permit holder or CPC QS permit holder meets the exemption provided in 
paragraph (g)(2)(ii) of this section.
    (i) During one of the 3 crab fishing years preceding the crab 
fishing year for which the individual is filing an annual crab IFQ 
permit application, the individual has participated as crew in at 
least:
    (A) One fishing trip where a delivery of crab is made in any CR 
fishery; or
    (B) 30 days of:
    (1) Fishing in a commercial fishery managed by the State of Alaska 
or in a Federal commercial fishery in the EEZ off Alaska. Individuals 
may combine their participation as crew in State of Alaska and Federal 
commercial fisheries in waters off Alaska to meet this requirement; or
    (2) On a tender vessel operating in support of a commercial fishery 
managed by the State of Alaska or in a Federal commercial fishery in 
the EEZ off Alaska. Individuals may combine their participation as crew 
on a tender vessel in State of Alaska and Federal commercial fisheries 
in waters off Alaska to meet this requirement.
    (C) Individuals may combine their participation specified in 
paragraphs (g)(2)(i)(B)(1) and (2) of this section to meet this 
requirement.
    (D) If the individual holds CVC QS or CPC QS in one or more CR 
fisheries and all CR crab fisheries for which the QS holder holds QS 
are closed, NMFS will exclude that crab fishing year when determining 
whether the individual has satisfied the participation requirements 
specified in paragraph (g)(2)(i) of this section.
    (ii) All of the CVC QS or CPC QS permits held by the individual 
were acquired using the eligibility criteria in Sec.  
680.41(c)(1)(vii)(B) or reissued under paragraph (m)(6) of this section 
and the individual has held those CVC QS or CPC QS permits for less 
than 3 crab fishing years.
    (3) Withholding of CVC IFQ or CPC IFQ. Beginning July 1, 2027, the 
Regional Administrator will withhold issuance of CVC IFQ or CPC IFQ to 
an individual who has not met the participation requirements set forth 
in paragraph (g)(2) of this section. The Regional Administrator will 
withhold an individual's CVC IFQ or CPC IFQ in accordance with the 
procedures set forth in paragraphs (g)(3)(i) and (ii) of this section.
* * * * *
    (m) * * *
    (1) Beginning July 1, 2028, and each crab fishing year thereafter, 
individuals allocated CVC QS or CPC QS must meet the participation 
requirements set forth in paragraph (m)(2) of this section in order to 
retain their CVC QS or CPC QS unless the CVC QS holder or CPC QS holder 
meets the exemption provided in paragraph (m)(5) of this section.
    (2) During one of the 4 crab fishing years preceding the crab 
fishing year for which the individual is filing an annual crab IFQ 
permit application, the individual has participated as crew in at 
least:
    (i) One fishing trip where a delivery of crab is made in any CR 
fishery; or
    (ii) 30 days of:
    (A) Fishing in a commercial fishery managed by the State of Alaska 
or in a Federal commercial fishery in the EEZ off Alaska. Individuals 
may combine their participation as crew in State and Federal commercial 
fisheries to meet this requirement; or
    (B) On a tender vessel operating in support of a commercial fishery 
managed by the State of Alaska or in a Federal commercial fishery in 
the EEZ off Alaska. Individuals may combine their participation as crew 
on a tender vessel in State and Federal commercial fisheries to meet 
this requirement.
    (iii) Individuals may combine participation specified in paragraphs 
(m)(2)(ii)(A) and (B) of this section to meet this requirement.
    (iv) If the individual holds CVC QS or CPC QS in one or more CR 
crab fisheries and all CR crab fisheries for which the QS holder holds 
QS are closed, NMFS will exclude that crab fishing year when 
determining whether the individual has satisfied the participation 
requirement specified in this paragraph (m)(2).
* * * * *
    (5) All of the CVC QS or CPC QS permits held by the individual were 
acquired using the eligibility criteria in Sec.  680.41(c)(1)(vii)(B) 
or reissued under paragraph (m)(6) of this section, and the person has 
held those CVC QS or CPC QS permits for less than 4 crab fishing years.
    (6) For CVC QS or CPC QS revoked by NMFS under regulations 
paragraph (m)(2) of this section from July 1, 2019, through May 31, 
2024, an individual may apply for reissuance of QS with the 
individual's annual crab IFQ permit application from May 31, 2024 
through June 15, 2025.


Sec.  680.41  [Amended]

0
6. Effective July 5, 2024, amend Sec.  680.41 by removing the word 
``and'' and adding in its place the word ``an'' in the paragraph (j) 
heading.

0
7. Effective July 5, 2024, amend Sec.  680.42 by:
0
a. Removing the phrase ``more than'' in paragraph (a)(3)(i) 
introductory text;
0
b. Removing the phrase ``more than'' and adding in its place the phrase 
``PQS in excess of'' in the first sentence of paragraph (b)(1)(i);
0
c. Revising paragraphs (b)(1)(ii)(A) and (B);
0
d. Adding paragraph (b)(1)(ii)(C);
0
e. Revising paragraphs (b)(2) introductory text, (b)(2)(ii), and 
(b)(3);
0
f. Redesignating paragraphs (b)(4) through (6) as paragraphs (b)(7) 
through (9);
0
g. Adding new paragraphs (b)(4) through (6);
0
h. Removing the reference to ``(b)(4)(iv)'' and adding in its place 
``(b)(7)(iv)'' in newly redesignated paragraph (b)(7) introductory 
text;
0
i. Removing ``paragraph (b)(4) of this section'' and adding in its 
place ``this paragraph (b)(7)'' in newly redesignated paragraph 
(b)(7)(iv); and
0
j. Removing ``(b)(4)'' and adding in its place ``(b)(7)'' in newly 
redesignated paragraph (b)(8) introductory text.
    The revisions and additions read as follows:

[[Page 47878]]

Sec.  680.42  Limitations on use of QS, PQS, IFQ, and IPQ.

* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (A) Derived from PQS that was received by that person in the 
initial allocation of PQS for that crab QS fishery; or
    (B) Subject to an exemption for that IPQ pursuant to Sec.  
680.4(p); or
    (C) Used for custom processing at a facility that is:
    (1) Any shoreside crab processor located within the boundaries of a 
home rule, first class, or second class city in the State of Alaska in 
existence on June 29, 2009; or
    (2) Any stationary floating crab processor that is:
    (i) Located within the boundaries of a home rule, first class, or 
second class city in the State of Alaska in existence on June 29, 2009;
    (ii) Moored at a dock, docking facility, or at a permanent mooring 
buoy, unless that stationary floating crab processor is located within 
the boundaries of the city of Atka in which case that stationary 
floating crab processor is not required to be moored at a dock, docking 
facility, or at a permanent mooring buoy; and
    (iii) Located within a harbor, unless that stationary floating crab 
processor is located within the boundaries of the city of Atka on June 
29, 2009, in which case that stationary floating crab processor is not 
required to be located within a harbor.
    (2) A person may not use IPQ in excess of 60 percent of the IPQ 
issued in the BSS crab QS fishery with a North region designation 
during a crab fishing year. Except that a person who:
* * * * *
    (ii) Has a 10 percent or greater direct or indirect ownership 
interest in the shoreside crab processor or stationary floating crab 
processor where that IPQ crab is processed will not be considered to 
use any IPQ in the BSS crab QS fishery with a North region designation 
if that IPQ is custom processed at a facility consistent with paragraph 
(b)(1)(ii)(C) of this section.
    (3) A non-individual entity holding PQS will be required to 
provide, on an annual basis, a list of persons with an ownership 
interest in the non-individual entity. This ownership list shall be 
provided to the individual level, will include the percentage of 
ownership held by each owner, and must be submitted annually with the 
complete application for a crab IFQ/IPQ permit.
    (4) A person will be considered to be a holder of PQS for purposes 
of applying the PQS use caps in this paragraph if that person:
    (i) Is the sole proprietor of an entity that holds PQS; or
    (ii) Is not a CDQ group and directly or indirectly owns a 10 
percent or greater interest in an entity that holds PQS.
    (5) A person that is not a CDQ group and holds PQS is limited to a 
PQS use cap that is calculated based on the sum of all PQS held by that 
PQS holder and all PQS held by any affiliate of the PQS holder. A 
person that is not a CDQ group and holds IPQ is limited to an IPQ use 
cap that is calculated based on the sum of all IPQ held by that IPQ 
holder and all IPQ held by any affiliate of the IPQ holder.
    (6) A CDQ group that holds PQS is limited to a PQS use cap that is 
calculated based on the sum of all PQS held, individually or 
collectively, by that CDQ group. A CDQ group that holds IPQ is limited 
to an IPQ use cap that is calculated based on the sum of all IPQ held, 
individually or collectively, by that CDQ group.
* * * * *

0
8. Effective May 31, 2024, amend Sec.  680.43 by revising paragraph (a) 
to read as follows:


Sec.  680.43  Revocation of CVC and CPC QS.

    (a) Beginning July 1, 2028, the Regional Administrator will revoke 
all CVC QS and CPC QS held by an individual who has not met the 
participation requirements set forth in Sec.  680.40(m). The Regional 
Administrator will revoke an individual's CVC QS or CPC QS in 
accordance with the procedures set forth in this section.
* * * * *
[FR Doc. 2024-12230 Filed 5-31-24; 8:45 am]
BILLING CODE 3510-22-P