[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Rules and Regulations]
[Pages 74725-74747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30734]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 110616336-1627-02]
RIN 0648-BB13
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery
Management Plan; Trawl Rationalization Program; Program Improvement and
Enhancement; Amendment 21-1
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This action implements revisions to the Pacific coast
groundfish trawl rationalization program (program), a catch share
program, and includes regulations that affect all commercial sectors
(limited entry trawl, limited entry fixed gear, and open access)
managed under the Pacific Coast Groundfish Fishery Management Plan
(FMP). This action includes regulatory amendments to further implement
Amendments 20 and 21 to the FMP and an FMP amendment to further revise
Amendment 21 (called Amendment 21-1). This action includes, but is not
limited to: Revisions to the Pacific halibut trawl bycatch mortality
limit; clarification that Amendment 21 supersedes limited entry/open
access allocations for certain groundfish species; revisions to the
observer coverage requirement while a vessel is in port and before the
offload is complete; revisions to the electronic fish ticket reporting
requirements; revisions to the first receiver site license requirement;
further clarification on moving between limited entry and open access
fisheries; a process for end-of-the-year vessel account reconciliation;
and an exemption from processing at sea for qualified participants in
the Shorebased Individual Fishing Quota (IFQ) Program.
DATES: This rule is effective January 1, 2012.
ADDRESSES: Background information and documents, including Amendment
21-1 and the Environmental Assessment (EA) for this action, are
available at the Pacific Fishery Management Council's Web site at
http://www.pcouncil.org/. NMFS prepared a Final Regulatory Flexibility
Analysis (FRFA), which is summarized in the Classification section of
this final rule. Copies of the FRFA and the Small Entity Compliance
Guide are available from William W. Stelle, Jr., Regional
Administrator, Northwest Region, NMFS, 7600 Sand Point Way, NE,
Seattle, WA 98115-0070; or by phone at (206) 526-6150. Copies of the
Small Entity Compliance Guide are also available on the Northwest
Regional Office Web site at http://www.nwr.noaa.gov/.
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 William W. Stelle, Jr., Regional
Administrator, Northwest Region, NMFS, 7600 Sand Point Way, NE,
Seattle, WA 98115-0070, and to OMB by email to [email protected], or fax to (202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Jamie Goen, (206) 526-4656; (fax)
(206) 526-6736; [email protected].
SUPPLEMENTARY INFORMATION:
Background
In January 2011, NMFS implemented a trawl rationalization program,
a catch share program, for the Pacific coast groundfish fishery's trawl
fleet. The
[[Page 74726]]
program was adopted through Amendment 20 to the FMP and consists of an
IFQ program for the shorebased trawl fleet (including whiting and non-
whiting fisheries); and cooperative (coop) programs for the at-sea
mothership (MS) and catcher/processor (C/P) trawl fleets (whiting
only). Allocations to the limited entry trawl fleet for certain species
were developed through a parallel process with Amendment 21 to the FMP.
On May 12, 2010 (75 FR 26702), NMFS published a notice of
availability of Amendments 20 and 21, and--consistent with requirements
of the Magnuson-Stevens Fishery Conservation and Management Act (MSA)--
made its decision to partially approve the amendments on August 9,
2010. Because of the complexity of Amendments 20 and 21, NMFS
implemented them through multiple rulemakings. Over 2010, NMFS
published three rulemakings related to the trawl rationalization
program. The first was a final rule to collect ownership information
from all potential participants in the program and to notify them of
the databases that would be used for initial issuance and the date by
which to make any changes to those databases (75 FR 4684, January 29,
2010). The second was a final rule to restructure the Pacific coast
groundfish regulations, establish the allocations set forth under
Amendment 21, and establish procedures for the initial issuance of
permits, endorsements, quota share, and catch history assignments under
the IFQ and coop programs (75 FR 60868, October 1, 2010; correction
published 75 FR 67032, November 1, 2010). The third was a final rule to
establish several of the program components required for implementation
of the rationalized trawl fishery in January 2011, including IFQ gear
switching provisions, details of observer requirements and first
receiver catch monitor programs, first receiver site licenses,
equipment requirements, catch weighing requirements, retention
requirements in the Shorebased IFQ Program, quota share (QS) accounts,
vessel accounts for use of quota pounds, requirements for coop permits
and coop agreements, further tracking and monitoring components, and
economic data collection requirements (75 FR 78344, December 15, 2010).
The regulations implementing the program became effective January
1, 2011; however, necessary tracking systems to make the program
operational did not become active until January 11, 2011, the date
fishing began under the new program. Since that time, the Pacific
Fishery Management Council (Council) and NMFS have been addressing
implementation issues as they arise, some of which are the subject of
this rule. This rule also includes items that are further revisions and
refinements to the program to further implement Amendments 20 and 21,
and corrects errors or old regulatory language that need to be
corrected, revised, or made consistent with other sections of the
regulations. Additionally, this rule includes some trailing actions for
the program that the Council took final action at its June 2011
meeting. The trailing actions include an FMP amendment (Amendment 21-1)
stating that Amendment 21 trawl/non-trawl allocations supersede the
limited entry and open access allocations originally established in
Amendment 6 for species listed in Amendment 21; an FMP amendment
(Amendment 21-1) to revise the calculation of the Pacific halibut trawl
bycatch mortality limit; a regulatory amendment to provide an exemption
from the prohibition on processing groundfish at-sea for qualified
participants in the Shorebased IFQ Program; a regulatory amendment for
the adaptive management program (AMP) to extend the ``pass-through'' of
non-whiting quota pounds through 2014 or until an AMP quota pound
allocation process is established, whichever is earlier; and a
regulatory amendment to allow a change in registration of a mothership
catcher vessel (MS/CV) endorsement and its associated catch history
assignment from one limited entry trawl endorsed permit to another.
These trailing actions are discussed in more detail in the preamble to
the proposed rule (76 FR 54888, September 2, 2011). Some of the
provisions in this rule may affect all sectors of the commercial
groundfish fishery (limited entry trawl, limited entry fixed gear, and
open access), some provisions apply to several or all of the trawl
programs (i.e., Shorebased IFQ Program, MS Coop Program, C/P Coop
Program), while other details only affect one program.
NMFS published a notice of availability of Amendments 21-1 on
August 15, 2011 (76 FR 50449). Consistent with requirements of the MSA,
NMFS made its decision to approve Amendment 21-1 on November 10, 2011.
In addition to this rule, on August 30, 2011, NMFS published a
correction to regulations for the trawl program to update erroneous
cross references, outdated terms, and duplicate regulatory entries (76
FR 53833).
Additional rulemakings would follow in the future and include other
operational components of the catch share program, such as the
requirements for new observer provider certification and an adaptive
management program. NMFS is also planning a future ``cost recovery''
rule based on recommendations from the Council and expected to be
implemented for January 2013.
Comments and Responses
NMFS solicited public comment on Amendment 21-1 (76 FR 50449,
August 15, 2011) and on the proposed rule (76 FR 54888, September 2,
2011). The comment period for these notices ended October 14, 2011.
Because these notices are related, the responses to public comments in
this section of the preamble address Amendment 21-1 and the proposed
rule.
NMFS received four letters of comments on the proposed rule and
amendment submitted by individuals or organizations. The comment period
was open during the September 2011 Council meeting. Comments presented
to the Council are part of the record and were considered by the
Council during its deliberation. In reviewing the proposed rule and
amendment, NMFS considered the record as a whole.
Comment 1. NMFS received one comment stating the proposed rule and
amendment had been reviewed and they had no comment.
Response. NMFS acknowledges this comment.
Comment 2. NMFS received one comment expressing concern that
measures were in place to protect habitat, such as kelp beds where fish
lay eggs, from trawl fishing.
Response. While this comment is not within the scope of this
action, NMFS notes that it has implemented habitat protection measures
in the Pacific coast groundfish fishery. NMFS has implemented several
types of closed areas along the west coast that vary by gear type or
purpose. Closed areas to protect essential fish habitat for all life
stages of groundfish were implemented in 2006. These closed areas are
called essential fish habitat conservation areas (EFHCAs). In addition,
along the west coast, geographic areas defined by coordinates expressed
in degrees latitude and longitude are closed to fishing by certain gear
types, including bottom trawl gear. These areas are called groundfish
conservation areas (GCAs) and include large coastwide closed areas to
protect overfished rockfish, called rockfish conservation areas (RCAs).
During the primary whiting season, certain areas are closed to fishing
with midwater gear to protect salmon, which is caught as bycatch in the
whiting fishery. Other closed areas
[[Page 74727]]
can be implemented seasonally to slow bycatch in the whiting fishery.
In addition to closed areas to protect habitat from trawl gear, the
trawl rationalization program allows limited entry trawl permit holders
to switch from trawl to fixed gears to fish their quotas, which, in
turn, reduces trawl impacts. It also allows nontrawl vessels to harvest
the allocation to the trawl sector if they acquire a trawl permit and
quota. These facts lead to the conclusion that potential adverse
impacts from trawl gear could be expected to be lower under the trawl
rationalization program than under previous management.
Comment 3. One commenter, the International Pacific Halibut
Commission (IPHC), noted that there is ambiguity in NMFS's use of
terminology describing halibut in the trawl fishery, especially given
that it is illegal to retain halibut of any size. The commenter noted
that NMFS's use of the terms `legal', `legal-sized', and `sublegal-
sized' halibut for the trawl fishery may no longer be appropriate given
changes in the use of these terms by the IPHC, the management body that
sets the allowable harvest of Pacific halibut. The IPHC recently moved
to using more accurate terms such as O32 for halibut over 32 inches in
total length, or U26 for halibut under 26 inches in total length. When
the IPHC calculates total removals to determine the available yield, it
now accounts for all fish greater than 26 inches (all O26). Previously,
this calculation was for all O32 fish. Removals and mortality of U26
fish are still accounted for through reductions in the harvest rate on
the exploitable stock.
Response. NMFS appreciates the IPHC bringing these changes to
NMFS's attention. While NMFS acknowledges that language in Amendment
21-1 and in the implementing regulations could be revised to reflect
the terms used by the IPHC, NMFS does not believe it is necessary at
this stage in the rulemaking and public process.
NMFS interprets the terms `legal' and `legal-sized' to refer to
fish with a total length of 32 inches and above and interprets
`sublegal-sized' to refer to fish with a total length under 32 inches,
consistent with the description in the environmental assessment for
this action. Through NMFS's approval of Amendment 21-1, NMFS requested
a footnote be added to the FMP to clarify the use of the terms ``legal-
sized'' and ``sublegal-sized'' halibut in this context. With this final
rule, NMFS has also amended regulations at Sec. 660.55(m) to make the
use of the terms ``legal sized'' and ``sublegal sized'' halibut more
clear by defining as halibut with a total length of 32 inches and
above, or O32, and halibut under 32 inches in total length, or U32,
respectively. Provided the FMP and regulations are clear that the
calculation of the trawl bycatch mortality limit is for legal-sized
fish (i.e., 32 inches and above) that are converted to an amount for
all sizes of halibut and that the trawl fishery bycatch report provided
by NMFS Northwest Fisheries Science Center continues to provide halibut
data sufficient to determine the proportion of trawl bycatch mortality
that is 32 inches and above total length, NMFS can calculate the
halibut trawl bycatch mortality limit. This rule only applies to the
calculation of the trawl bycatch mortality limit, and does not affect
the IPHC's calculations of available yield.
Comment 4. The IPHC commented that it supports NMFS's process for
calculating the carryover of surplus individual bycatch quota (IBQ)
pounds for Pacific halibut in a vessel account after the end of the
fishing year. The IPHC stated that limiting the potential surplus to a
maximum of 10 percent is reasonable. The IPHC stated that it expects
the amount of surplus carryover from one year to the next for halibut
to be minimal because of incentives to maximize groundfish harvest
within available IBQ pounds.
Response. NMFS appreciates the IPHC's support and insights. NMFS
notes that the carryover limit amount of 10 percent is not affected by
this rule, but was implemented through a previous rulemaking (75 FR
78344, December 15, 2010). NMFS would like to further highlight a
description in the preamble to the proposed rule under ``QS Permits and
Vessel Accounts'' (76 FR 54888, 54895; September 2, 2011) regarding
end-of-the-year vessel account reconciliation. The proposed rule
preamble described and regulations at Sec. 660.140(e)(5)(i) in this
final rule implement a process where issuance of carryover of surplus
occurs later in the following year after data are available to
calculate the amount of carryover surplus (expected in spring of the
following year).
Comment 5. Two commenters provided comment on the implications of
the carryover of surplus IBQ pounds on the calculation of the trawl
bycatch mortality limit. The Council's comment described its
understanding of the carryover of surplus pounds for Pacific halibut
managed by the IPHC. The IPHC referenced the Council's comment letter
and stated that the Council's understanding of the carryover of surplus
IBQ pounds is correct.
Response. NMFS appreciates receiving these comments. In the
proposed rule (76 FR 54888, 54890; September 2, 2011), NMFS
specifically requested comment on the effect the carryover provision in
the Shorebased IFQ Program would have on calculation of the trawl
bycatch mortality limit in a subsequent year, if any. The Council
submitted comments describing its understanding that the surplus
carryover provision does not affect calculation of the trawl bycatch
mortality limit; the IPHC stated that the Council's understanding is
correct. This carryover of surplus pounds for Pacific halibut and the
halibut trawl bycatch mortality limit is also mentioned under the
section of the preamble titled ``Items NMFS Requested Comment on in the
Proposed Rule.''
Comment 6. A comment provided by the Council described its
understanding of provisions allowing for the carryover of surplus
pounds in the Shorebased IFQ Program from one year to the next.
Response. NMFS appreciates the Council's comment regarding the
issuance of carryover of surplus pounds for groundfish managed under
the MSA. In the proposed rule, NMFS proposed that surplus carryover
pounds be issued after NMFS has completed an end-of-the-year account
reconciliation process, which would result in surplus carryover pounds
being issued later in the year once data are available. As stated in
the FMP Appendix E, the carryover provision must be consistent with the
conservation requirements of the MSA. The Council comment notes that
sector allocations are set such that harvest of all sectors in total
would not be expected to exceed annual catch limits (``ACLs'')
established in accordance with the MSA. NMFS will continue to work with
the Council to assure consistency with ACLs when issuing surplus
carryover pounds for the Shorebased IFQ Program. With this final rule
and consistent with the language in the FMP regarding the carryover
provision, NMFS clarifies that any issuance of surplus carryover pounds
will be to the extent allowed by the conservation requirements of the
MSA. This provision for the carryover of surplus pounds is also
mentioned under the section of the preamble titled ``Changes from the
Proposed Rule.''
Items NMFS Requested Comment on in the Proposed Rule
NMFS specifically requested comment on several items in the
proposed rule. NMFS received comments on some (e.g., see comments 5 and
6 above in the preamble), but not all of those items. Below, NMFS
identifies each issue where NMFS specifically requested public
comments, and indicates whether comments were
[[Page 74728]]
received. In instances where NMFS made changes to the proposed rule as
a result of comments on items where comments were specifically
requested, NMFS identified these changes in the section entitled
``Changes from the Proposed Rule.''
Moving Between Limited Entry and Open Access Fisheries
In the proposed rule, NMFS specifically requested comment on the
proposed changes to provisions regarding vessels moving between limited
entry and open access fisheries and other sections of the regulations
which may need further revisions. No comments were received and no
changes were made from the proposed rule.
Crossover Provisions
In the proposed rule, NMFS specifically requested comment on the
proposed revisions to the crossover provisions and any implications
they may have, especially for dual-endorsed limited entry permits. No
comments were received and no changes were made from the proposed rule.
Observer and Catch Monitor Coverage at Offload
In the proposed rule, NMFS specifically requested comment on
whether catch monitor providers would have to change their insurance
coverage for catch monitors to allow them to maintain coverage of the
vessel in lieu of the observer while the vessel is in port. NMFS
solicited public comment on whether this change would require catch
monitor providers to have the increased insurance coverage provided by
Maritime Liability insurance to cover ``seamen's'' claims under the
Merchant Marine Act (Jones Act) and General Maritime Law ($1 million
minimum). No comments were received and no changes were made from the
proposed rule.
New Process for IFQ First Receivers and Catch Monitors To
Address Trucking/Transport
In the proposed rule, NMFS specifically requested comment on
regulations to implement a new process for first receivers and catch
monitors to address transport away from the offload site. NMFS
especially requested public comment on the changes regarding the
process and submittal requirements for dock tickets and e-tickets. No
comments were received and no changes were made from the proposed rule.
Exemption From Prohibition on Processing at Sea
In the proposed rule, NMFS specifically requested comment on two
aspects of this exemption: (1) An appropriate cut-off date for
qualification for the exemption, and (2) a conversion factor for
freezing or glazing non-whiting groundfish species. The cut-off date is
described below in the section titled ``Changes from the Proposed
Rule.'' For the conversion factor, the Council's motion from its June
2011 meeting included a statement that ``Regulatory language should
also include an appropriate conversion factor and/or an appropriate
process for calculating a conversion factor for glazed groundfish.'' In
a letter to the Council (Agenda Item E.6.b, ODFW Letter (excerpt), June
2011), ODFW recommended a weight conversion factor that included a
variable weight conversion factor in certain circumstances. When NMFS
implemented weight conversion factors for the Shorebased IFQ Program,
NMFS stated that the weight conversion factors used on electronic fish
tickets (a Federal reporting requirement) must be a consistent
coastwide value. In the preamble to the proposed rule published on
August 31, 2010 (75 FR 53380), NMFS stated the reasons why a consistent
coastwide value was necessary, including providing consistency in catch
estimates between states, preventing artificial influences on
individual landings choices, and benefiting NMFS's ability to track
landings values. NMFS based the Federal weight conversion factors on
published values. ODFW's proposed conversion factor did not provide a
consistent value by species and, potentially, would not be a consistent
value within a species for different size grades or volumes of fish.
Because the online IFQ system automatically applies the weight
conversion factor depending on the species condition code reported on
the electronic fish ticket, a variable conversion factor is not
practical. In addition, NMFS is not aware of any published values for
glazed groundfish species nor of any consistent coastwide value used by
the states for glazed groundfish species. NMFS specifically requested
comment on this issue and received none. NMFS did not propose and at
this time is not implementing a Federal weight conversion factor for
freezing or glazing non-whiting groundfish species. The weight reported
on the electronic fish ticket for glazed non-whiting groundfish should
be the actual scale weight with no conversion factor applied. The
states may continue to have a state weight conversion factor for
freezing and glazing on their state fish ticket.
First Receiver Site License
In the proposed rule, NMFS specifically requested comment on a
reasonable timeframe between an application for a first receiver site
license and NMFS's conduct of a site inspection. To reduce the costs of
running the program, NMFS considered whether to adopt a policy of
batching site inspections to only conduct inspections in a particular
state once a month or within 60 days of receiving an application. NMFS
did not receive any public comment on this issue. But, the Council's
Groundfish Advisory Subpanel (GAP) did provide comment to the Council
on this issue stating that the first receiver should not have to wait
beyond 60 days from the date the application was submitted for a site
inspection and, if approved, issuance of a first receiver site license.
For efficiency, NMFS announces that it will strive to the best of its
ability to conduct site inspections in a timely fashion, not to exceed
60 days from the date NMFS received the application for a first
receiver site license. This policy is internal guidance only and thus
it is not codified in the regulations.
Changes From the Proposed Rule
All Trawl Programs
Threshold Rules for Annual Issuance of Allocation
In the proposed rule, NMFS specifically requested comment on an
alternate approach to the threshold rules for annual issuance of
allocation. NMFS is setting a threshold above which it would not need
to continue to run iterations redistributing the allocation for QS
permits in the Shorebased IFQ Program or to MS coops or the non-coop
fishery in the MS Coop Program. The Council motion on this issue and
the proposed rule stated that NMFS' annual allocations must be equal to
or greater than 99.99 percent, but not to exceed 100 percent. In the
proposed rule, NMFS solicited public comments on an alternate approach
as follows, ``Rounding rules may affect distribution of the entire
shorebased trawl allocation [or allocations to the mothership coop or
non-coop fisheries]; NMFS will distribute such allocations to the
maximum extent practicable, not to exceed the total allocation.'' NMFS
suggested this alternative language to account for circumstances where
despite NMFS' best efforts, it is unable to distribute allocations
equal to or greater than 99.99 percent but no more
[[Page 74729]]
than 100 percent. Such a circumstance may occur, for instance, for
quota pound distributions of IFQ species that have a very small
shorebased trawl allocation, especially since quota pound distributions
must be made in one pound increments. Under the alternate language,
NMFS would still endeavor to distribute as much of the allocation as
possible. NMFS received no comment on the alternate language.
Accordingly, upon further consideration of the concerns described above
and in the absence of any comments objecting to the alternate language,
NMFS will implement the alternate language at Sec. 660.140(d)(1)(ii)
for the Shorebased IFQ Program and at Sec. 660.150(c)(2) for the MS
Coop Program.
Shorebased IFQ Program
QS Permits and Vessel Accounts
In the proposed rule, NMFS specifically requested comment on
whether a prohibition against fraudulent use of QS accounts or vessel
accounts is needed. NMFS received no comment on this issue. Upon
further consideration, NMFS has determined that this prohibition is
redundant with other statutory and regulatory provisions and is not
necessary, thus NMFS has removed it from Sec. 660.112(b)(1)(xvi).
Exemption From Prohibition on Processing at Sea
In the proposed rule, NMFS specifically requested comment on two
aspects of this exemption: (1) An appropriate cut-off date for
qualification for the exemption, and (2) a conversion factor for
freezing or glazing non-whiting groundfish species. The conversion
factor is described above in the section titled ``Items NMFS Requested
Comment on in the Proposed Rule.'' The Council recommended the date of
July 20, 2010, as the cut-off date for qualification for the exemption
on processing groundfish at-sea in the Shorebased IFQ Program to ensure
that processing-prohibition exemptions would be provided only to
individuals that had been processing at-sea without prior knowledge of
the upcoming prohibition. Pursuant to the Council's recommendation,
NMFS proposed July 20, 2010 as the cut-off date in the proposed rule.
However, NMFS informed the public that it was considering whether to
adjust the cut-off date for qualification to August 31, 2010 in light
of a proposed rule prohibiting processing at sea for the Shorebased IFQ
Program that published in the Federal Register on August 31, 2010 (75
FR 53380). August 31, 2010 is the date the public was put on notice of
the prohibition on processing at-sea in the Shorebased IFQ Program.
NMFS specifically requested comment on the implications of such a
change from the Council motion. No comments were received on this
issue. With this final rule, NMFS is implementing August 31, 2010 as
the cut-off date for qualification for the exemption because August 31,
2010 is a more transparent and fair date to use as the cut-off date for
qualification than July 20, 2010. Accordingly, upon further
consideration and in the absence of any comments against such change,
in this final rule NMFS is implementing August 31, 2010, as the cut-off
date to qualify for the exemption from the prohibition on processing at
sea as specified at Sec. 660.25(b)(6)(ii)(A).
Carryover
NMFS made some minor edits to the regulations to make terminology
reflect changes due to Amendment 23 on annual catch limits and to
include language from Amendment 20 on the trawl rationalization
program. With this final rule, NMFS revised regulations at Sec.
660.140(e)(5)(i) on the carryover of surplus quota pounds for vessel
accounts to use the term ``ACL'' rather than optimum yield (OY), a term
no longer applicable for this calculation. NMFS also added language
from the FMP to this provision to state that NMFS will issue surplus
carryover pounds to the extent allowed by the conservation requirements
of the MSA.
Halibut Trawl Bycatch Mortality Limit
In the proposed rule, NMFS specifically requested comment on the
carryover provision in the Shorebased IFQ Program and the effect it
would have on calculation of the trawl bycatch mortality limit in a
subsequent year, if any. Two commenters commented on this issue (see
comments 3-6 above in the preamble). The only change from the proposed
rule based on these comments was to add clarifying language to
regulations at Sec. 660.55(m) to define the terms ``legal sized'' and
``sublegal sized'' halibut as halibut with a total length of 32 inches
and above, or O32, and halibut under 32 inches in total length, or U32,
respectively.
Classification
The Administrator, Northwest Region, NMFS, determined that FMP
Amendment 21-1, as implemented through this final rule, is necessary
for the conservation and management of the Pacific coast groundfish
fishery and that it is consistent with the MSA and other applicable
laws. To the extent that the regulations in this final rule differ from
what was deemed by the Council, NMFS invokes its independent authority
under 16 U.S.C. 1855(d).
The Council prepared a final environmental impact statement (EIS)
for Amendment 20 and Amendment 21 to the Pacific Coast Groundfish FMP;
a notice of availability for each of these final EISs was published on
June 25, 2010 (75 FR 36386). A Record of Decision (ROD) for each EIS
was signed on August 9, 2010. An environmental assessment (EA) was
prepared for the following trailing actions: (1) A revision the
calculation of the Pacific halibut trawl bycatch mortality limit, and
(2) an exemption from the prohibition on processing at sea for
qualified participants in the Shorebased IFQ Program. The Amendment 20
and 21 EISs and the EA are available on the Council's Web site at
http://www.pcouncil.org/or on NMFS' Web site at http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-Management/Trawl-Program/index.cfm. The remaining regulatory changes in this rule
either required no further analysis under the National Environmental
Policy Act (NEPA) or were categorically excluded from the requirement
to prepare a NEPA analysis.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The preamble to the proposed rule (76 FR 54888, September 2, 2011)
included a detailed summary of the analyses contained in the IRFA.
NMFS, pursuant to section 604 of the Regulatory Flexibility Act (RFA),
prepared a FRFA in support of this rule. The FRFA incorporates the
IRFA, a summary of the significant issues raised by the public comments
in response to the IRFA, NMFS's responses to those comments, and a
summary of the analyses completed to support the action. A copy of the
FRFA is available from NMFS (see ADDRESSES) and a summary of the FRFA,
per the requirements of 5 U.S.C. 604(a), follows:
Under the authority of the Pacific Coast Groundfish FMP and the
MSA, this rule implements revisions to the Pacific coast groundfish
trawl rationalization program (program), a catch share program. This
action includes regulations that affect all commercial sectors of the
fishery. These sectors are the limited entry trawl, limited entry fixed
gear, and open access fisheries. During the comment period on the
proposed rule, NMFS received several letters of comment, but none of
the comments received addressed the IRFA.
[[Page 74730]]
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. The IRFA includes a description of the
action, why it is being considered, and the legal basis for this
action. The IRFA provided the following information.
In January 2011, NMFS and the Council set up a new management
program called the trawl rationalization program. This program
significantly changes how the shorebased trawl fishery and the
mothership whiting fishery work. Shorebased trawlers now fish under
their own set of individual species quotas by vessel. In prior years,
there were different rules for shore trawlers depending on their target
catch. Non-whiting trawlers fished under common trip limits while
whiting trawlers fished under a common quota without trip limits. In
prior years, the mothership fishery consisted of independent at-sea
processors each receiving catch from several trawlers. Now the
mothership fishery works as a single coop where catcher-vessels and
motherships work together collectively. The catcher-processor fleet
continues as a single coop. A specific set of groundfish species and
bycatch of Pacific halibut are managed under the trawl rationalization
program.
Human observation and electronic reporting tools account for all
catch of these species. Computer programs match the catch against
individual species quotas (quota pounds or QP) or coop allocations. All
vessels must carry observers who watch and measure the harvests and
discards of these groundfish. All shore plants must have catch monitors
to watch all vessel offloads and record the species and amounts landed.
In the shorebased fishery, online accounting programs issue and track
quota shares, quota pounds, and catch by species. Computer programs
compare fish tickets to catch monitor reports and calculate the quota
pounds landed by an individual vessel. Observer reports are used to
account for the vessel's discards. An online ``banking system'' is used
to debit landings and discards against the vessel's quota pounds. Quota
pounds are deposited to a vessel's account based on a transfer from a
quota share account or from another vessel account.
This rule revises the Pacific coast groundfish trawl
rationalization program. These revisions affect limited entry trawl
fisheries and other fisheries including the limited entry fixed gear
and open access fisheries. Some revisions address the movement between
limited entry and open access fisheries. Other revisions concern
vessels fishing in different management areas within one trip. This
rule also revises the rules about permit ownership for clarity, and
clarifies the relationship of Amendment 21 to previous amendments
concerning how certain species are allocated between the limited entry
and open access sectors. As a result, participants in the fishery will
find the regulations easier to comply with and easier to understand
resulting in less confusion as to how fish are allocated.
This rule establishes new or modified processes concerning how much
fish can be allocated and harvested. A new process involving the use of
interim allocations should the biennial management and specification
process not be completed in a timely way is established based on the
processes used by emergency rule making for 2011. As a result, the
potential delay in the annual allocation of quota pounds is reduced.
The carryover process has been modified so there is no need to close
the fishery in December for end-of-the-year account reconciliation. The
Adaptive Management pass-through of quota pounds process is being
extended through 2014 or the implementation of the Adaptive Management
Program details, whichever is earlier. These actions provide benefits
as they avoid major shut downs of the fishery and they would facilitate
multi-year planning. Offload monitoring procedures are revised.
This rule establishes new procedures associated with electronic
fish ticket reporting when trawlers land fish at one site but the fish
are trucked to another site for processing. These procedures also apply
to instances when the fish ticket is completed at an office location
other than the landing site. The electronic fish ticket format is
revised to better match the state paper fish ticket requirements. These
revised procedures and changes to the fish ticket format and completion
process provide benefits by reducing the monitoring burden on fishermen
and processors and providing flexibility to first receivers and fish
buyers. They also aid adoption of the electronic fish ticket by the
states and increase the potential that redundant data collection
systems are reduced. Most importantly, they improve the timeliness and
accuracy of the data reported.
This rule expands the list of exemptions to the prohibition on
processing at sea. Fishermen who can show that they were legally
processing non-whiting groundfish prior to the implementation of
Amendment 20 are able to apply for an exemption to continue processing
at sea. This exemption addresses the Council intent not to negatively
impact these operations. Revising the halibut trawl bycatch mortality
limit formulas provides benefits to the trawl fishery as they provide
slightly higher catch compared to the existing regulations while
continuing to provide increased halibut opportunities for non-trawl
fisheries. It is recognized that increased halibut mortality by
trawlers results in less halibut for other commercial and recreational
fisheries. However these revisions move the trawl fishery closer to the
Council's original goal of 50 percent reduction of halibut mortality by
the trawl fleet.
Under prior rule making, to participate in the mothership fishery,
harvesting vessels now must have an endorsed permit. The endorsement
has an associated catch history amount, called a catch history
assignment. Vessels wishing to sell their catch history to a coop must
sell both their limited entry trawl permit and MS/CV endorsement. This
rule ``severs'' the MS/CV endorsement with its catch history assignment
from the associated limited entry permit. Under this rule, fishermen
can sell or assign their MS/CV endorsements and associated catch
history assignments while keeping their permits so they can continue to
fish in other limited entry fisheries. This change aids coop formation
and may minimize the costs of joining a coop for fishermen.
The following provides some perspective on the economic dimensions
of the fisheries. Over the years 2005-2009, the limited entry trawl
fishery has averaged annual inflation adjusted revenues of about $57
million and total landings of about 215,000 tons. Pacific whiting ex-
vessel revenues have averaged about $25 million. However, differences
between years have varied greatly. Whiting trawlers harvested about
216,000 tons of whiting worth about $51 million in ex-vessel revenues
in 2008. Revenues were high because of high landings and high prices.
Ex-vessel prices of $235 per ton were the highest on record. In
comparison, the 2007 fishery harvested about 214,000 tons worth $29
million at an average ex-vessel price of about $137 per ton. The 2009
fishery harvested about 99,000 tons worth about $12 million at a price
of $120 per ton. While the Pacific whiting fishery has grown in
importance in recent years, harvests in the non-whiting component of
the limited entry trawl fishery have declined steadily since the 1980s.
Non-
[[Page 74731]]
whiting trawl ex-vessel revenues in the fishery peaked in the mid-1990s
at about $40 million. Following the passage of the Sustainable
Fisheries Act (1996) and the listing of several species as overfished,
harvests became increasingly restricted and landings and revenues
declined steadily until 2002. Over the years 2005 to 2009, non-whiting
groundfish ex-vessel revenues have averaged $27 million annually. These
revenues have ranged from $24 million (2005) to $32 million (2008). The
2009 fishery earned $30 million in ex-vessel revenues. Total shorebased
revenues (whiting and non-whiting) have averaged about $36 million
annually over the last five years. (Note: Ex-vessel revenues are just
one indicator of ``revenue''; they understate the wholesale, export,
and retail revenues earned from the fishery. Data on these other
indicators is either incomplete or unavailable.)
This rule regulates businesses that harvest groundfish and
processors that wish to process limited entry trawl groundfish. Under
the RFA the term ``small entities'' includes small businesses, small
organizations, and small governmental jurisdictions. For small
businesses, the SBA has established size criteria for all major
industry sectors in the U.S., including fish harvesting and fish
processing businesses. A business involved in fish harvesting is a
small business if it is independently owned and operated and not
dominant in its field of operation (including its affiliates) and if it
has combined annual receipts not in excess of $4.0 million for all its
affiliated operations worldwide. A seafood processor is a small
business if it is independently owned and operated, not dominant in its
field of operation, and employs 500 or fewer persons on a full time,
part time, temporary, or other basis, at all its affiliated operations
worldwide. A business involved in both the harvesting and processing of
seafood products is a small business if it meets the $4.0 million
criterion for fish harvesting operations. A wholesale business
servicing the fishing industry is a small business if it employs 100 or
fewer persons on a full time, part time, temporary, or other basis, at
all its affiliated operations worldwide. For marinas and charter/party
boats, a small business is one with annual receipts not in excess of
$7.0 million. The RFA defines a small organization as any nonprofit
enterprise that is independently owned and operated and is not dominant
in its field. The RFA defines small governmental jurisdictions as
governments of cities, counties, towns, townships, villages, school
districts, or special districts with populations of less than 50,000.
NMFS has reviewed analyses of fish ticket data and limited entry
permit data, available employment data provided by processors,
information on the charterboat and Tribal fleets, and available
industry responses to a survey on ownership. NMFS makes the following
estimates and conclusions. The non-trawl businesses are the following
fleets: Limited entry fixed gear (approximately 150 companies), open
access groundfish (1,100), charterboats (465), and the Tribal fleet
(four Tribes with 66 vessels). Available information on average revenue
per vessel suggests that all the entities in these fleets are small
entities. This rule changes requirements associated with catch monitors
and observers. The catch monitors and observers are being supplied to
the fishery by five companies. Based on analysis done on observer
issues by the NMFS Alaska Regional Office, these five companies are
also small companies.
For the trawl sector, as of August 2011, there are 176 limited
entry trawl permit owners and six mothership processor permits. Nine
limited entry trawl permits are attached to catcher-processor vessels
and are considered ``large'' companies. An additional permit is owned
by a large catcher processor company but currently has no vessel
attached to it for a total of 10 permits that have the endorsement for
a catcher-processor. Of the remaining 167 limited entry permits, 25
limited entry trawl permits are either owned or closely associated with
a ``large'' shorebased processing company or with a non-profit
organization who considers itself a ``large'' organization. Nine other
permit owners indicated that they were large ``companies.'' Almost all
of these companies are associated with the shorebased and mothership
whiting fisheries. The remaining 133 limited entry trawl permits are
projected to be held by ``small'' companies. Three of the six
mothership processors are ``large'' companies. Within the 14 shorebased
whiting first receivers/processors, there are four ``large'' companies.
Including the shorebased whiting first receivers, in 2008, there were
75 first receivers that purchased limited entry trawl groundfish. There
were 36 small purchasers (less than $150,000); 26 medium purchasers
(purchases greater than $150,000 but less than $1,000,000); and 13
large purchasers (purchases greater than $1.0 million).
This action includes regulatory amendments to further implement
Amendments 20 and 21 to the FMP and an FMP amendment to further revise
Amendment 21 (called Amendment 21-1). This action includes, but is not
limited to: revisions to the Pacific halibut trawl mortality bycatch
limit, clarification that Amendment 21 supersedes limited entry/open
access allocations for certain groundfish species, revisions to the
observer coverage requirement while a vessel is in port and before the
offload is complete, revisions to the electronic fish ticket reporting
requirements, revisions to the first receiver site license requirement,
further clarification on moving between limited entry and open access
fisheries, a process for end-of-the-year vessel account reconciliation,
and an exemption from processing at sea for qualified participants in
the Shorebased Individual Fishing Quota (IFQ) Program.
Alternatives are described and discussed in the following
documents:
Intersector Allocation and Trawl Rationalization Issue:
Trailing Actions for the Pacific Coast Groundfish Trawl Rationalization
Program, including (1) Pacific Halibut Trawl Bycatch Mortality Limit
(Amendment 21-1) and (2) Exemption from the Prohibition on Processing
At Sea in the Shorebased IFQ Program. Final Environmental Assessment;
prepared by the Pacific Fishery Management Council, 7700 NE Ambassador
Place, Suite 101, Portland, OR 97220, (503) 820-2280, www.pcouncil.org,
October 2011.
Trawl Rationalization issue: Severability of Whiting
Mothership Catcher Vessel Endorsements/Catch History Council Decision
Document; prepared by the Pacific Fishery Management Council 7700 NE
Ambassador Place, Suite 101, Portland, OR 97220, (503) 820-2280,
www.pcouncil.org, May 2011.
Intersector Allocation Issue: Recommended FMP and Regulatory
Amendatory Language That Complies with the Council's Intent Regarding
Superseding Amendment 6 Allocations with Amendment 21 Allocations.
Council meeting briefing book, Agenda Item E.6.a, Attachment 2, June
2011.
Trawl Rationalization: Adaptive Management Program Quota Pound
Pass-Through, Council Decision Document. Council meeting briefing book,
Agenda Item E.6.a, Attachment 6, June 2011.
Most of the issues in this rulemaking are changes to the
regulations to make the program more efficient or more enforceable.
They were either categorically excluded from NEPA or
[[Page 74732]]
required no further NEPA analysis. However, for the calculation of the
halibut trawl bycatch mortality limit and for the exemption from the
prohibition on processing at sea, the Council and NMFS did consider
alternatives in an environmental assessment for this action (see
references in the above paragraph or see ADDRESSES section). The issues
in this rulemaking were developed and presented with public input
through the Council process. Through the Council process, impacts and
ways to reduce those impacts on small entities are often considered.
Several of the changes in this rule are implemented to reduce impacts
on industry, including small entities. For the exemption on at-sea
processing, implementation of this provision will benefit small
harvesting entities by increasing the value of their landed product.
For the change to the first receiver site license application process,
implementation will reduce the burden on industry by requiring less
paperwork.
As indicated above, this rule is generally beneficial to the
various sectors of the fishery. The only explicit cost impact is the
expansion of the requirement that all fish buyers obtain a $50 first
receiver site license. Therefore, negative impacts to the industry, if
any, appear to be minimal and do not favor large entities over small
entities. No Federal rules have been identified that duplicate,
overlap, or conflict with the alternatives. Public comment is hereby
solicited, identifying such rules.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a small entity compliance guide (the guide)
was prepared. Copies of this final rule are available from the
Northwest Regional Office and the guide will be sent to all permit
owners for the fishery. The guide and this final rule will also be
available on the Northwest Regional Office Web site (see ADDRESSES) and
upon request.
This final rule contains collection-of-information requirements
subject to the Paperwork Reduction Act (PRA) which have been approved
by the Office of Management and Budget (OMB). OMB control number 0648-
0611, Rationalization of the Pacific Coast Groundfish Trawl Limited
Entry Fishery, was revised to include an application for an exemption
from the prohibition on processing non-whiting groundfish at sea in the
Shorebased IFQ Program. Public reporting burden for the revised OMB
control number 0648-0611 is estimated to average 3 hours per response
(543 responses). OMB control number 0648-0619, Northwest Region
Groundfish Trawl Fishery Monitoring and Catch Accounting Program, was
revised to include the additional reporting requirements for IFQ first
receivers on electronic fish tickets, updated hardware and software
requirements for electronic fish tickets, and an updated process for
first receivers and catch monitors to address offload and trucking
issues. Public reporting burden for the revised OMB control number
0648-0619 is estimated to average 30 minutes per response (6,059
responses). OMB control number 0648-0620, Pacific Coast Groundfish
Trawl Rationalization Program Permit and License Information
Collection, was revised to include a form for changing the registration
of MS/CV endorsements and associated catch history assignments from one
limited entry trawl permit to another and changes to the first receiver
site license application requirements. Public reporting burden for the
revised OMB control number 0648-0620 are estimated to average 30
minutes per response (1,955 responses). These estimates include the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection information. No comments were received on the PRA during
the proposed rule comment period. Send comments on these or any other
aspects of the collection of information to NMFS, Northwest Region, at
the ADDRESSES section above; and to OMB by email to [email protected]; or fax to (202) 395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall 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.
NMFS issued Biological Opinions under the ESA on August 10, 1990,
November 26, 1991, August 28, 1992, September 27, 1993, May 14, 1996,
and December 15, 1999 pertaining to the effects of the Pacific Coast
groundfish FMP fisheries on Chinook salmon (Puget Sound, Snake River
spring/summer, Snake River fall, upper Columbia River spring, lower
Columbia River, upper Willamette River, Sacramento River winter,
Central Valley spring, California coastal), coho salmon (Central
California coastal, southern Oregon/northern California coastal), chum
salmon (Hood Canal summer, Columbia River), sockeye salmon (Snake
River, Ozette Lake), and steelhead (upper, middle and lower Columbia
River, Snake River Basin, upper Willamette River, central California
coast, California Central Valley, south/central California, northern
California, southern California). These biological opinions have
concluded that implementation of the FMP for the Pacific Coast
groundfish fishery was not expected to jeopardize the continued
existence of any endangered or threatened species under the
jurisdiction of NMFS, or result in the destruction or adverse
modification of critical habitat.
NMFS reinitiated a formal section 7 consultation under the ESA in
2005 for both the Pacific whiting midwater trawl fishery and the
groundfish bottom trawl fishery. The December 19, 1999, Biological
Opinion had defined an 11,000 Chinook incidental take threshold for the
Pacific whiting fishery. During the 2005 Pacific whiting season, the
11,000 fish Chinook incidental take threshold was exceeded, triggering
reinitiation. Also in 2005, new data from the West Coast Groundfish
Observer Program became available, allowing NMFS to complete an
analysis of salmon take in the bottom trawl fishery.
NMFS prepared a Supplemental Biological Opinion dated March 11,
2006, which addressed salmon take in both the Pacific whiting midwater
trawl and groundfish bottom trawl fisheries. In its 2006 Supplemental
Biological Opinion, NMFS concluded that catch rates of salmon in the
2005 whiting fishery were consistent with expectations considered
during prior consultations. Chinook bycatch has averaged about 7,300
fish over the last 15 years and has only occasionally exceeded the
reinitiation trigger of 11,000 fish.
Since 1999, annual Chinook bycatch has averaged about 8,450 fish.
The Chinook ESUs most likely affected by the whiting fishery has
generally improved in status since the 1999 section 7 consultation.
Although these species remain at risk, as indicated by their ESA
listing, NMFS concluded that the higher observed bycatch in 2005 does
not require a reconsideration of its prior ``no jeopardy'' conclusion
with respect to the fishery. For the
[[Page 74733]]
groundfish bottom trawl fishery, NMFS concluded that incidental take in
the groundfish fisheries is within the overall limits articulated in
the Incidental Take Statement of the 1999 Biological Opinion. The
groundfish bottom trawl limit from that opinion was 9,000 fish
annually. NMFS will continue to monitor and collect data to analyze
take levels. NMFS also reaffirmed its prior determination that
implementation of the Groundfish FMP is not likely to jeopardize the
continued existence of any of the affected ESUs.
Lower Columbia River coho (70 FR 37160, June 28, 2005) were
recently listed and Oregon Coastal coho (73 FR 7816, February 11, 2008)
were recently relisted as threatened under the ESA. The 1999 biological
opinion concluded that the bycatch of salmonids in the Pacific whiting
fishery were almost entirely Chinook salmon, with little or no bycatch
of coho, chum, sockeye, and steelhead.
The Southern Distinct Population Segment (DPS) of green sturgeon
was listed as threatened under the ESA (71 FR 17757, April 7, 2006).
The southern DPS of Pacific eulachon was listed as threatened on March
18, 2010, under the ESA (75 FR 13012). NMFS has reinitiated
consultation on the fishery, including impacts on green sturgeon,
eulachon, marine mammals, and turtles.
After preliminarily reviewing the available information, NMFS
understands that, consistent with Sections 7(a)(2) and 7(d) of the ESA,
the action would not jeopardize any listed species, would not adversely
modify any designated critical habitat, and would not result in any
irreversible or irretrievable commitment of resources that would have
the effect of foreclosing the formulation or implementation of any
reasonable and prudent alternative measures. NMFS will finalize this
conclusion before the decision is made on the FMP amendment.
Amendment 21-1 to the FMP and this final rule were developed after
meaningful consultation and collaboration, through the Council process,
with the tribal representative on the Council. The FMP Amendment and
these regulations have no direct effect on the tribes; these
regulations were deemed by the Council as ``necessary or appropriate''
to implement the FMP as amended.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian fisheries.
Dated: November 23, 2011.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons stated in the preamble, 50 CFR Chapter VI is
amended 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. In Sec. 660.11, add the definition for ``Dock ticket'' in
alphabetical order to read as follows:
Sec. 660.11 General definitions.
* * * * *
Dock ticket means a form accepted by the state to record the
landing, receipt, purchase, or transfer of fish.
* * * * *
0
3. In Sec. 660.12, revise paragraph (d)(2) to read as follows:
Sec. 660.12 General groundfish prohibitions.
* * * * *
(d) * * *
(2) Make a false statement on an application for issuance, renewal,
permit registration, vessel registration, replacement of a limited
entry permit, or a declaration of ownership interest in a limited entry
permit.
* * * * *
0
4. In Sec. 660.13, revise paragraph (d)(5)(iv)(A)(23) and add
paragraph (d)(5)(iv)(A)(26) to read as follows:
Sec. 660.13 Recordkeeping and reporting.
* * * * *
(d) * * *
(5) * * *
(iv) * * *
(A) * * *
(23) Open access Coastal Pelagic Species net gear,
* * * * *
(26) Open access California gillnet complex gear.
* * * * *
0
5. In Sec. 660.14, revise paragraphs (d)(4)(iii) and (vii) to read as
follows:
Sec. 660.14 Vessel Monitoring System (VMS) requirements.
* * * * *
(d) * * *
(4) * * *
(iii) Permit exemption. If the limited entry permit had a change in
vessel registration so that it is no longer registered to the vessel
(for the purposes of this section, this includes permits placed into
``unidentified'' status), the vessel may be exempted from VMS
requirements providing the vessel is not used to fish in state or
Federal waters seaward of the baseline from which the territorial sea
is measured off the States of Washington, Oregon or California (0-200
nm offshore) for the remainder of the fishing year. If the vessel is
used to fish in this area for any species of fish at any time during
the remaining portion of the fishing year without being registered to a
limited entry permit, the vessel is required to have and use VMS.
* * * * *
(vii) Valid exemption reports. For an exemption report to be valid,
it must be received by NMFS at least 2 hours and not more than 24 hours
before the exempted activities defined at paragraphs (d)(4)(i) through
(iv) of this section occur. An exemption report is valid until NMFS
receives a report canceling the exemption. An exemption cancellation
must be received at least 2 hours before the vessel re-enters the EEZ
following an outside areas exemption; at least 2 hours before the
vessel is placed back in the water following a haul out exemption; at
least 2 hours before the vessel resumes fishing for any species of fish
in state or Federal waters off the States of Washington, Oregon, or
California after it has received a permit exemption; or at least 2
hours before a vessel resumes fishing in the open access fishery after
a long-term departure exemption. If a vessel is required to submit an
activation report under paragraph (d)(2)(i) of this section before
returning to fish, that report may substitute for the exemption
cancellation. Initial contact must be made with NMFS OLE not more than
24 hours after the time that an emergency situation occurred in which
VMS transmissions were disrupted and followed by a written emergency
exemption request within 72 hours from when the incident occurred. If
the emergency situation upon which an emergency exemption is based is
resolved before the exemption expires, an exemption cancellation must
be received by NMFS at least 2 hours before the vessel resumes fishing.
* * * * *
0
6. In Sec. 660.15, revise paragraphs (b)(3), and (d)(1) through (3) to
read as follows:
Sec. 660.15 Equipment requirements.
* * * * *
(b) * * *
(3) Daily testing. The vessel operator must ensure that the vessel
crew test each required scale daily and ensure that each scale meets
the maximum permissible error (MPE) requirements
[[Page 74734]]
described at paragraph (b)(4) of this section.
* * * * *
(d) * * *
(1) Hardware and software requirements. A personal computer system
with the following minimum requirements:
(i) Processor: 500-megahertz (MHz) or higher processor;
(ii) Random Access Memory (RAM): 256 megabytes (MB) or higher;
(iii) Hard disk space:
(A) If already have MS Access 2007 or 2010, 200 MB available disk
size.
(B) If loading the MS Access 2007 runtime, then 700 MB available
disk size.
(iv) Monitor: 1024 x 768 or higher display resolution;
(v) Operating system: Microsoft Windows XP with Service Pack (SP)
2, Windows Server 2003 with SP1, or later operating system such as
Windows Vista or Windows 2007;
(vi) Software: Microsoft Access 2007 or Microsoft Access 2010, or a
runtime version provided by the Pacific States Marine Fisheries
Commission.
(2) NMFS-approved software standards and internet access. The IFQ
first receiver is responsible for obtaining, installing, and updating
electronic fish tickets software either provided by Pacific States
Marine Fisheries Commission, or compatible with the data export
specifications specified by Pacific States Marine Fisheries Commission
and for maintaining internet access sufficient to transmit data files.
Requests for data export specifications can be submitted to: Attn:
Electronic Fish Ticket Monitoring, National Marine Fisheries Service,
Northwest Region, Sustainable Fisheries Division, 7600 Sand Point Way
NE., Seattle, WA 98115.
(3) Maintenance. The IFQ first receiver is responsible for ensuring
that all hardware and software required under this subsection are fully
operational and functional whenever they receive, purchase, or take
custody, control, or possession of an IFQ landing. ``Functional'' means
that the software requirements and minimum hardware requirements
described at paragraphs (d)(1) and (2) of this section are met and data
transmissions to Pacific States Marine Fisheries Commission can be
executed effectively by the equipment.
* * * * *
0
7. In Sec. 660.17, revise the section heading and paragraph (a), and
remove paragraph (e)(14), to read as follows:
Sec. 660.17 Catch monitors and catch monitor service providers.
(a) Catch monitor program training and certification. Catch monitor
certification authorizes an individual to fulfill duties as specified
by NMFS while under the employ of a certified catch monitor provider.
(1) A training certification signifies the successful completion of
the training course required to obtain catch monitor certification.
This endorsement expires when the catch monitor has not been deployed
and performed sampling duties as required by the catch monitor program
office for a period of time, specified by the catch monitor program,
after his or her most recent debriefing. The catch monitor can renew
the certification by successfully completing training once more.
(2) Catch monitor program annual briefing. Each catch monitor must
attend an annual briefing prior to his or her first deployment within
any calendar year subsequent to a year in which a training
certification is obtained. To maintain certification, a catch monitor
must successfully complete the annual briefing, as specified by the
catch monitor program. All briefing attendance, performance, and
conduct standards required by the catch monitor program must be met.
(3) Maintaining the validity of a catch monitor certification.
After initial issuance, a catch monitor must keep their certification
valid by meeting all of the following requirements specified below:
(i) Successfully perform their assigned duties as described in the
Catch Monitor Manual or other written instructions from the catch
monitor program.
(ii) Accurately record their data, write complete reports, and
report accurately any observations of suspected violations of
regulations relevant to conservation of marine resources or their
environment.
(iii) Not disclose collected data and observations made on board
the vessel or in the first receiver facility to any person except the
owner or operator of the observed vessel, first receiver management or
an authorized officer or NMFS.
(iv) Successfully complete NMFS-approved annual briefings as
prescribed by the catch monitor program.
(v) Successful completion of a briefing by a catch monitor consists
of meeting all attendance and conduct standards issued in writing at
the start of training; meeting all performance standards issued in
writing at the start of training for assignments, tests, and other
evaluation tools; and completing all other briefing requirements
established by the catch monitor program.
(vi) Successfully meet all expectations in all debriefings
including reporting for assigned debriefings.
(vii) Submit all data and information required by the catch monitor
program within the program's stated guidelines.
* * * * *
0
8. In Sec. 660.18, revise paragraphs (c)(1)(i) through (iii) and
(d)(1) through (3) to read as follows:
Sec. 660.18 Certification and decertification procedures for catch
monitors and catch monitor providers.
* * * * *
(c) * * *
(1) * * *
(i) Any ownership, mortgage holder, or other secured interest in a
vessel, first receiver, shorebased or floating stationary processor
facility involved in the catching, taking, harvesting or processing of
fish,
(ii) Any business involved with selling supplies or services to any
vessel, first receiver, shorebased or floating stationary processing
facility; or
(iii) Any business involved with purchasing raw or processed
products from any vessel, first receiver, shorebased or floating
stationary processing facilities.
* * * * *
(d) * * *
(1) Any ownership, mortgage holder, or other secured interest in a
vessel, first receiver, shorebased or floating stationary processor
facility involved in the catching, taking, harvesting or processing of
fish,
(2) Any business involved with selling supplies or services to any
vessel, first receiver, shorebased or floating stationary processing
facility; or
(3) Any business involved with purchasing raw or processed products
from any vessel, first receiver, shorebased or floating stationary
processing facilities.
* * * * *
0
9. In Sec. 660.25,
a. Remove paragraph (b)(3)(iv)(D);
b. Revise paragraphs (b)(1)(iii) and (v), (b)(3)(i),
(b)(3)(iv)(A)(1) and (2), (b)(3)(iv)(C)(4) and (5), (b)(3)(v),
(b)(3)(vii), (b)(4)(ii)(B), (b)(4)(iv)(A) and (C), (b)(4)(v)(C) and
(D), (b)(4)(vi)(B), (b)(4)(vii) introductory text, (b)(4)(vii)(F),
(b)(4)(viii), (b)(4)(ix) and (f);
0
c. Add paragraphs (b)(4)(iv)(D) and (b)(6) to read as follows:
Sec. 660.25 Permits.
* * * * *
(b) * * *
[[Page 74735]]
(1) * * *
(iii) Registration. Limited entry permits will normally be
registered for use with a particular vessel at the time the permit is
issued, renewed, or replaced. If the permit will be used with a vessel
other than the one registered on the permit, the permit owner must
register that permit for use with the new vessel through the SFD. The
reissued permit must be placed on board the new vessel in order for the
vessel to be used to fish in the limited entry fishery.
(A) For all limited entry permits, including MS permits, MS/CV-
endorsed permits, and C/P-endorsed permits when they are not fishing in
the at-sea whiting fisheries, registration of a limited entry permit to
be used with a new vessel will take effect no earlier than the first
day of the next major limited entry cumulative limit period following
the date SFD receives the change in vessel registration form and the
original permit.
(B) For MS permits, MS/CV-endorsed permits, and C/P-endorsed
permits when they are fishing in the at-sea whiting fisheries,
registration of a limited entry permit to be used with a new vessel
will take effect on the date NMFS approves and issues the permit.
* * * * *
(v) Initial administrative determination. SFD will make a
determination regarding permit endorsements, renewal, replacement,
change in permit ownership and change in vessel registration. SFD will
notify the permit owner in writing with an explanation of any
determination to deny a permit endorsement, renewal, replacement,
change in permit ownership or change in vessel registration. The SFD
will decline to act on an application for permit endorsement, renewal,
replacement, or change in registration of a limited entry permit if the
permit 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, apply.
* * * * *
(3) * * *
(i) ``A'' endorsement. A limited entry permit with an ``A''
endorsement entitles the vessel registered to the permit to fish in the
limited entry fishery for all groundfish species with the type(s) of
limited entry gear specified in the endorsement, except for sablefish
harvested north of 36[deg] N. lat. during times and with gears for
which a sablefish endorsement is required. See paragraph (b)(3)(iv) of
this section for provisions on sablefish endorsement requirements. An
``A'' endorsement is affixed to the limited entry permit. The limited
entry permit with an ``A'' endorsement may be registered to another
person (i.e., change in permit ownership), or to a different vessel
(i.e., change in vessel registration) under paragraph (b)(4) of this
section. An ``A'' endorsement expires on failure to renew the limited
entry permit to which it is affixed. An MS permit is not considered a
limited entry ``A''-endorsed permit.
* * * * *
(iv) * * *
(A) * * *
(1) A sablefish endorsement with a tier assignment will be affixed
to the permit and will remain valid when the permit is registered to
another permit owner (i.e., change in permit ownership) or to another
vessel (i.e., change in vessel registration).
(2) A sablefish endorsement and its associated tier assignment are
not separable from the limited entry permit, and therefore, may not be
registered to another permit owner (i.e., change in permit ownership)
or to another vessel (i.e., change in vessel registration) separately
from the limited entry permit.
* * * * *
(C) * * *
(4) Any partnership or corporation with any ownership interest in
or that holds a limited entry permit with a sablefish endorsement shall
document the extent of that ownership interest or the individuals that
hold the permit with the SFD via the Identification of Ownership
Interest Form sent to the permit owner through the annual permit
renewal process and whenever a change in permit owner, permit holder,
and/or vessel registration occurs as described at paragraph (b)(4)(iv)
and (v) of this section. SFD will not renew a sablefish-endorsed
limited entry permit through the annual renewal process described at
paragraph (b)(4)(i) of this section, or approve a change in permit
owner, permit holder, and/or vessel registration unless the
Identification of Ownership Interest Form has been completed. Further,
if SFD discovers through review of the Identification of Ownership
Interest Form that an individual person, partnership, or corporation
owns or holds more than 3 permits and is not authorized to do so under
paragraph (b)(3)(iv)(C)(2) of this section, the individual person,
partnership or corporation will be notified and the permits owned or
held by that individual person, partnership, or corporation will be
void and reissued with the vessel status as ``unidentified'' until the
permit owner owns and/or holds a quantity of permits appropriate to the
restrictions and requirements described in paragraph (b)(3)(iv)(C)(2)
of this section. If SFD discovers through review of the Identification
of Ownership Interest Form that a partnership or corporation has had a
change in membership since November 1, 2000, as described in paragraph
(b)(3)(iv)(C)(3) of this section, the partnership or corporation will
be notified, SFD will void any existing permits, and reissue any
permits owned and/or held by that partnership or corporation in
``unidentified'' status with respect to vessel registration until the
partnership or corporation is able to register ownership of those
permits to persons authorized under this section to own sablefish-
endorsed limited entry permits.
(5) A person, partnership, or corporation that is exempt from the
owner-on-board requirement may sell all of their permits, buy another
sablefish-endorsed permit within one year of the date of approval of
the last change in permit ownership, and retain their exemption from
the owner-on-board requirements. An individual person, partnership or
corporation could only obtain a permit if it has not added or changed
individuals since November 1, 2000, excluding individuals that have
left the partnership or corporation or that have died.
* * * * *
(v) MS/CV endorsement. An MS/CV endorsement on a trawl limited
entry permit conveys a conditional privilege that allows a vessel
registered to it to fish in either the coop or non-coop fishery in the
MS Coop Program described at Sec. 660.150. The provisions for the MS/
CV-endorsed limited entry permit, including eligibility, renewal,
change of permit ownership, vessel registration, combinations,
accumulation limits, fees, and appeals are described at Sec. 660.150.
Each MS/CV endorsement has an associated catch history assignment (CHA)
that is permanently linked as originally issued by NMFS and which
cannot be divided or registered separately to another limited entry
trawl permit. Regulations detailing this process and MS/CV-endorsed
permit combinations are outlined in Sec. 660.150(g)(2).
* * * * *
(vii) Endorsement and exemption restrictions. ``A'' endorsements,
gear endorsements, sablefish endorsements and sablefish tier
assignments, MS/CV endorsements, and C/P endorsements may not be
registered to another permit owner (i.e., change in permit ownership)
or to another vessel (i.e.,
[[Page 74736]]
change in vessel registration) separately from the limited entry
permit. At-sea processing exemptions, specified at paragraph (b)(6) of
this section, are associated with the vessel and not with the limited
entry permit and may not be registered to another permit owner or to
another vessel without losing the exemption.
* * * * *
(4) * * *
(ii) * * *
(B) MS/CV-endorsed permit. When an MS/CV-endorsed permit is
combined with another MS/CV-endorsed permit or with another limited
entry trawl permit with no MS/CV or C/P endorsement, the resulting
permit will be MS/CV-endorsed with the associated CHA as specified at
Sec. 660.150(g)(2)(iv) and (v). If an MS/CV-endorsed permit is
combined with a C/P-endorsed permit, the MS/CV endorsement and CHA will
not be reissued on the combined permit.
* * * * *
(iv) * * *
(A) General. 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 ownership has been registered
with and approved by the SFD. The SFD will not approve a change in
permit ownership 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)(C) of this section. The SFD
will not approve a change in permit ownership for a limited entry
permit with an MS/CV endorsement or an MS permit that does not meet the
ownership requirements for such permit described at Sec.
660.150(g)(3), and Sec. 660.150(f)(3), respectively. Change in permit
owner and/or permit holder applications must be submitted to SFD with
the appropriate documentation described at paragraph (b)(4)(vii) of
this section. NMFS considers the following as a change in permit
ownership that would require registering with and approval by SFD,
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.
* * * * *
(C) Sablefish-endorsed permits. If a permit owner submits an
application to register a sablefish-endorsed limited entry permit to a
new permit owner or holder during the primary sablefish season
described at Sec. 660.231 (generally April 1 through October 31), the
initial permit owner must certify on the application form the
cumulative quantity, in round weight, of primary season sablefish
landed against that permit as of the application signature date for the
then current primary season. The new permit owner or holder must sign
the application form acknowledging the amount of landings to date given
by the initial permit owner. This certified amount should match the
total amount of primary season sablefish landings reported on state
landing receipts. As required at Sec. 660.12(b), any person landing
sablefish must retain on board the vessel from which sablefish is
landed, and provide to an authorized officer upon request, copies of
any and all reports of sablefish landings from the primary season
containing all data, and in the exact manner, required by the
applicable state law throughout the primary sablefish season during
which a landing occurred and for 15 days thereafter.
(D) Change in MS/CV endorsement registration. The requirements for
a change in MS/CV endorsement registration between limited entry trawl
permits are specified at Sec. 660.150(g)(2)(iv).
* * * * *
(v) * * *
(C) Effective date. Changes in vessel registration on permits will
take effect no sooner than the first day of the next major limited
entry cumulative limit period following the date that SFD receives the
signed permit change in vessel registration form and the original
limited entry permit, except that changes in vessel registration on MS
permits and C/P-endorsed permits will take effect immediately upon
reissuance to the new vessel, and a change in vessel registration on
MS/CV-endorsed permits will take effect immediately upon reissuance to
the new vessel only on the second change in vessel registration for the
year. No change in vessel registration is effective until the limited
entry permit has been reissued as registered with the new vessel.
(D) Sablefish-endorsed permits. If a permit owner submits an
application to register a sablefish-endorsed limited entry permit to a
new vessel during the primary sablefish season described at Sec.
660.231 (generally April 1 through October 31), the initial permit
owner must certify on the application form the cumulative quantity, in
round weight, of primary season sablefish landed against that permit as
of the application signature date for the then current primary season.
The new permit owner or holder associated with the new vessel must sign
the application form acknowledging the amount of landings to date given
by the initial permit owner. This certified amount should match the
total amount of primary season sablefish landings reported on state
landing receipts. As required at Sec. 660.12(b), any person landing
sablefish must retain on board the vessel from which sablefish is
landed, and provide to an authorized officer upon request, copies of
any and all reports of sablefish landings from the primary season
containing all data, and in the exact manner, required by the
applicable state law throughout the primary sablefish season during
which a landing occurred and for 15 days thereafter.
* * * * *
(vi) * * *
(B) Limited entry fixed gear and trawl-endorsed permits (without
MS/CV or C/P endorsements). Limited entry fixed gear and trawl-endorsed
permits (without MS/CV or C/P endorsements) permits may not be
registered for use with a different vessel more than once per calendar
year, except in cases of death of a permit holder or if the permitted
vessel is totally lost as defined in Sec. 660.11. The exception for
death of a permit holder applies for a permit held by a partnership or
a corporation if the person or persons holding at least 50 percent of
the ownership interest in the entity dies.
* * * * *
(vii) Application and supplemental documentation. Permit owners may
request a change in vessel registration and/or change in permit
ownership by submitting a complete application form. In addition, a
permit owner applying for renewal, replacement, or change in permit
ownership or change in vessel registration of a limited entry permit
has the burden to submit evidence to prove that qualification
requirements are met. The following evidentiary standards apply:
* * * * *
(F) For a request to change a permit's ownership that is
necessitated by the death of the permit owner(s), the individual(s)
requesting conveyance of the permit to a new owner must provide SFD
with a death certificate of the permit owner(s) and appropriate legal
documentation that either: Specifically registers the permit to a
designated individual(s); or, provides legal authority to the
transferor to convey the permit ownership or to request a change in
vessel registration.
* * * * *
(viii) Application forms available. Application forms for a change
in vessel registration and a change in permit
[[Page 74737]]
ownership of limited entry permits are available from the SFD at: NMFS
Northwest Region, Sustainable Fisheries Division, ATTN: Applications,
7600 Sand Point Way, NE., Seattle, WA 98115; or http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm.
Contents of the application, and required supporting documentation, are
specified in the application form.
* * * * *
(ix) Records maintenance. The SFD will maintain records of all
limited entry permits that have been issued, renewed, registered, or
replaced.
* * * * *
(6) At-sea processing exemptions--
(i) Sablefish at-sea processing exemption. As specified at Sec.
660.112(b)(1)(xii) and at 660.212(d)(3), vessels are prohibited from
processing sablefish at sea that were caught in the primary sablefish
fishery without a sablefish at-sea processing exemption. The sablefish
at-sea processing exemption has been issued to a particular vessel and
that permit and vessel owner who requested the exemption. The exemption
is not part of the limited entry permit. The exemption cannot be
registered with any other vessel, vessel owner, or permit owner for any
reason. The sablefish at-sea processing exemption will expire upon
registration of the vessel to a new owner or if the vessel is totally
lost, as defined at Sec. 660.11.
(ii) Non-whiting at-sea processing exemption. As specified at Sec.
660.112(b)(1)(xii), vessels are prohibited from processing non-whiting
groundfish at sea that were caught in the Shorebased IFQ Program
without a non-whiting at-sea processing exemption. A permit and/or
vessel owner may get an exemption to this prohibition by applying for
the exemption as provided in paragraph (b)(6)(ii)(B) of this section
and if his/her vessel meets the exemption qualifying criteria provided
in paragraph (b)(6)(ii)(A) of this section. The non-whiting at-sea
processing exemption is issued to a particular vessel and that permit
and/or vessel owner who requested the exemption. The exemption is not
part of the limited entry permit. The exemption is not transferable to
any other vessel, vessel owner, or permit owner for any reason. The
non-whiting at-sea processing exemption will expire upon registration
of the vessel to a new owner or if the vessel is totally lost, as
defined at Sec. 660.11.
(A) Qualifying criteria. A non-whiting at-sea processing exemption
will be issued to any vessel registered for use with a limited entry
trawl permit that meets the non-whiting at-sea processing exemption
qualifying criteria and for which the vessel owner submits a timely and
complete application. The qualifying criteria for a non-whiting at-sea
processing exemption are that the vessel must have been registered to a
limited entry trawl permit, the vessel must have legally processed non-
whiting groundfish at sea prior to August 31, 2010, and that the vessel
landed that processed catch at a shorebased processor or buyer. The
best evidence of a vessel having met these qualifying criteria will be
receipts of processed product from shorebased processors, buyers, or
exporters, accompanied by the state fish tickets or landings receipts
appropriate to the processed product. Documentation showing investment
in freezer equipment without also showing evidence of landing processed
product is not sufficient evidence to qualify a vessel for a non-
whiting at-sea processing exemption. All landings of processed non-
whiting groundfish must have been harvested in waters managed under
this part. Non-whiting groundfish taken in tribal fisheries or taken
outside of the fishery management area, as defined at Sec. 660.10,
does not meet the qualifying criteria.
(B) Application and issuance process for non-whiting at-sea
processing exemptions.
(1) The SFD will mail non-whiting at-sea processing exemption
applications to all current trawl permit holders and will make the
application available online at http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Permits/index.cfm. Permit holders will have until
February 15, 2012 to submit applications. A permit holder who believes
that their vessel may qualify for the non-whiting at-sea processing
exemption must submit evidence with their application showing how their
vessel has met the qualifying criteria described at paragraph
(b)(6)(ii)(A) of this section. Paragraph (b)(6)(ii)(C) of this section
sets out the relevant evidentiary standards and burden of proof.
Applications must be postmarked or hand-delivered no later than close
of business February 15, 2012, to NMFS at: NMFS Northwest Region,
Sustainable Fisheries Division, ATTN: Fisheries Permit Office--
Processing Exemption, 7600 Sand Point Way NE., Seattle, WA 98115.
(2) After receipt of a complete application, the SFD will notify
applicants by letter of initial administrative determination (IAD)
whether their vessel qualifies for the non-whiting at-sea processing
exemption. A person who has been notified by the SFD that their vessel
qualifies for a non-whiting at-sea processing exemption will be issued
an exemption letter by SFD that must be onboard the vessel at all
times.
(3) If an applicant chooses to file an appeal of the IAD letter
under paragraph (b)(6)(ii)(B)(2) of this section, the applicant must
follow the appeals process outlined at paragraph (g) of this section
and, for the timing of the appeals, at paragraph (g)(4)(ii) of this
section.
(C) Evidence and burden of proof. A permit and/or vessel owner
applying for issuance of a non-whiting at-sea processing exemption has
the burden to submit evidence to prove that qualification requirements
are met. The following evidentiary standards apply:
(1) A copy of the current vessel documentation or registration
(USCG or state) is the best evidence of vessel ownership.
(2) A copy of a state fish receiving ticket is the best evidence of
a landing and of the type of gear used.
(3) A copy of a state fish receiving ticket, dock receiving ticket,
landing receipt, or other written receipt indicating the name of their
buyer, the date, and a description of the product form and the name and
amount of non-whiting groundfish landed is the best evidence of the
commercial transfer of processed product (including glazing).
(4) A copy of a sales receipt is the best evidence of the purchase
of freezing equipment.
(5) Such other relevant, credible evidence as the applicant may
submit, or the SFD or the Regional Administrator request or acquire,
may also be considered.
* * * * *
(f) Permit fees. The Regional Administrator is authorized to charge
fees to cover administrative expenses related to issuance of permits
including initial issuance, renewal, permit registration, vessel
registration, replacement, and appeals. The appropriate fee must
accompany each application.
* * * * *
10. In Sec. 660.55, revise paragraphs (a), (e)(2) introductory
text, and (m) to read as follows:
Sec. 660.55 Allocations.
(a) General. An allocation is the apportionment of a harvest
privilege for a specific purpose, to a particular person, group of
persons, or fishery sector. The opportunity to harvest Pacific Coast
groundfish is allocated among participants in the fishery when
[[Page 74738]]
the ACLs for a given year are established in the biennial harvest
specifications. For any stock that has been declared overfished, any
formal allocation may be temporarily revised for the duration of the
rebuilding period. For certain species, primarily trawl-dominant
species, beginning with the 2011-2012 biennial specifications process,
separate allocations for the trawl and nontrawl fishery (which for this
purpose includes limited entry fixed gear, directed open access, and
recreational fisheries) will be established biennially or annually
using the standards and procedures described in Chapter 6 of the
PCGFMP. Chapter 6 of the PCGFMP provides the allocation structure and
percentages for species allocated between the trawl and nontrawl
fisheries. Also, for those species not subject to the trawl and
nontrawl allocations specified under Amendment 21 and in paragraph
(c)(1) of this section, separate allocations for the limited entry and
open access fisheries may be established using the procedures described
in Chapters 6 and 11 of the PCGFMP and this subpart. Allocation of
sablefish north of 36[deg] N. lat. is described in paragraph (h) of
this section and in the PCGFMP. Allocation of Pacific whiting is
described in paragraph (i) of this section and in the PCGFMP.
Allocation of black rockfish is described in paragraph (l) of this
section. Allocation of Pacific halibut bycatch is described in
paragraph (m) of this section. Allocations not specified in the PCGFMP
are established in regulation through the biennial harvest
specifications and are listed in Tables 1 a through d and Tables 2 a
through d of this subpart.
* * * * *
(e) * * *
(2) Species with LE/OA allocations. For species with LE/OA
allocations that are not subject to Amendment 21 allocations, the
allocation between the limited entry (both trawl and fixed gear) and
the open access fisheries is determined by applying the percentage for
those species with a LE/OA allocation to the commercial harvest
guideline plus the amount set-aside for the non-groundfish fisheries.
* * * * *
(m) Pacific halibut bycatch allocation. The Pacific halibut fishery
off Washington, Oregon and California (Area 2A in the halibut
regulations) is managed under regulations at 50 CFR part 300, subpart
E. The PCGFMP sets the trawl bycatch mortality limit at 15 percent of
the Area 2A total constant exploitation yield (TCEY) for legal size
halibut (net weight), not to exceed 130,000 pounds annually for legal
size halibut (net weight) for 2012 through 2014 and, beginning in 2015,
not to exceed 100,000 pounds annually for legal size halibut (net
weight). The TCEY used for these calculations will be the best estimate
of the TCEY available from the International Pacific Halibut Commission
at the time of the calculation. For the purpose of this paragraph, the
term ``legal sized'' halibut refers to halibut with a total length of
32 inches and above, or O32, and the term ``sublegal sized'' halibut
refers to halibut under 32 inches in total length, or U32. To determine
the trawl bycatch mortality limit, the pounds of halibut available to
the trawl fleet will be expanded from the legal sized halibut mortality
(net weight) to a round weight legal and sublegal sized amount. To
convert from net weight to round weight, multiply by the conversion
factor used by the International Pacific Halibut Commission at the time
of calculation for net weight to round weight. To convert from legal
sized halibut to legal and sublegal sized halibut, multiply by the
conversion factor from the NMFS trawl fishery bycatch report as
reported to the International Pacific Halibut Commission at the time of
calculation for legal sized to legal and sublegal sized halibut. The
bycatch allocation percent can be adjusted downward or upward through
the biennial specifications and management measures process but the
upper bound on the maximum pounds of allocation can only be changed
though an FMP amendment. Part of the overall total mortality limit is a
set-aside of 10 mt of Pacific halibut (legal and sublegal, round
weight), to accommodate bycatch in the at-sea Pacific whiting fishery
and in the shorebased trawl fishery south of 40[deg]10' N. lat.
(estimated to be approximately 5 mt each). This set-aside can be
adjusted through the biennial specifications and management measures
process.
0
11. In Sec. 660.60,
0
a. Add paragraph (c)(1)(iv),
0
b. Revise headings to paragraphs (h)(5), (h)(5)(i), and (h)(5)(ii); and
0
c. Revise paragraph (h)(7), to read as follows:
Sec. 660.60 Specifications and management measures.
* * * * *
(c) * * *
(1) * * *
(iv) List of IFQ species documented on observer form. As specified
at Sec. Sec. 660.112(b)(1)(xiii) and 660.140(h)(1)(i), observer or
catch monitor coverage while in port depends on documentation of
specified retained IFQ species while the vessel is at sea by the
observer program on a form. The list of IFQ species documented on the
observer program form may be modified on a biennial or more frequent
basis.
* * * * *
(h) * * *
(5) Size limits, length measurement, and weight conversions. * * *
(i) Length measurement. * * *
* * * * *
(ii) Weight conversions and size limits. * * *
* * * * *
(7) Crossover provisions. Crossover provisions apply to two
activities: Fishing on different sides of a management line, or fishing
in both the limited entry and open access fisheries. NMFS uses
different types of management areas for West Coast groundfish
management, such as the north-south management areas as defined in
Sec. 660.11. Within a management area, a large ocean area with
northern and southern boundary lines, trip limits, seasons, and
conservation areas follow a single theme. Within each management area,
there may be one or more conservation areas, defined at Sec. 660.11
and Sec. Sec. 660.70 through 660.74. The provisions within this
paragraph apply to vessels fishing in different management areas.
Crossover provisions also apply to vessels that fish in both the
limited entry and open access fisheries, or that use open access non-
trawl gear while registered to limited entry fixed gear permits.
Fishery specific crossover provisions can be found in subparts D
through F of this part.
(i) Fishing in management areas with different trip limits. Trip
limits for a species or a species group may differ in different
management areas along the coast. The following crossover provisions
apply to vessels fishing in different geographical areas that have
different cumulative or ``per trip'' trip limits for the same species
or species group, with the following exceptions. Such crossover
provisions do not apply to: IFQ species defined at Sec. 660.140(c),
for vessels that are declared into the Shorebased IFQ Program (see
Sec. 660.13(d)(5)(iv)(A), for valid Shorebased IFQ Program
declarations), species that are subject only to daily trip limits, or
to the trip limits for black rockfish off Washington, as described at
Sec. 660.230(e) and Sec. 660.330(e).
(A) Going from a more restrictive to a more liberal area. If a
vessel takes and retains any groundfish species or species group of
groundfish in an area where a more restrictive trip limit applies
before fishing in an area where
[[Page 74739]]
a more liberal trip limit (or no trip limit) applies, then that vessel
is subject to the more restrictive trip limit for the entire period to
which that trip limit applies, no matter where the fish are taken and
retained, possessed, or landed.
(B) Going from a more liberal to a more restrictive area. If a
vessel takes and retains a groundfish species or species group in an
area where a higher trip limit or no trip limit applies, and takes and
retains, possesses or lands the same species or species group in an
area where a more restrictive trip limit applies, that vessel is
subject to the more restrictive trip limit for the entire period to
which that trip limit applies, no matter where the fish are taken and
retained, possessed, or landed.
(C) Fishing in two different areas where a species or species group
is managed with different types of trip limits. During the fishing
year, NMFS may implement management measures for a species or species
group that set different types of trip limits (for example, per trip
limits versus cumulative trip limits) for different areas. If a vessel
fishes for a species or species group that is managed with different
types of trip limits in two different areas within the same cumulative
limit period, then that vessel is subject to the most restrictive
overall cumulative limit for that species, regardless of where fishing
occurs.
(D) Minor rockfish. Several rockfish species are designated with
species-specific limits on one side of the 40[deg]10' N. lat.
management line, and are included as part of a minor rockfish complex
on the other side of the line. A vessel that takes and retains fish
from a minor rockfish complex (nearshore, shelf, or slope) on both
sides of a management line during a single cumulative limit period is
subject to the more restrictive cumulative limit for that minor
rockfish complex during that period.
(1) If a vessel takes and retains minor slope rockfish north of
40[deg]10' N. lat., that vessel is also permitted to take and retain,
possess or land splitnose rockfish up to its cumulative limit south of
40[deg]10' N. lat., even if splitnose rockfish were a part of the
landings from minor slope rockfish taken and retained north of
40[deg]10' N. lat.
(2) If a vessel takes and retains minor slope rockfish south of
40[deg]10' N. lat., that vessel is also permitted to take and retain,
possess or land POP up to its cumulative limit north of 40[deg]10' N.
lat., even if POP were a part of the landings from minor slope rockfish
taken and retained south of 40[deg]10' N. lat.
(ii) Fishing in both limited entry and open access fisheries--
(A) Fishing in limited entry and open access fisheries with
different trip limits. Open access trip limits apply to any fishing
conducted with open access gear, even if the vessel has a valid limited
entry permit with an endorsement for another type of gear, except such
provisions do not apply to IFQ species defined at Sec. 660.140(c), for
vessels that are declared into the Shorebased IFQ Program (see Sec.
660.13(d)(5)(iv)(A) for valid Shorebased IFQ Program declarations). A
vessel that fishes in both the open access and limited entry fisheries
is not entitled to two separate trip limits for the same species. If a
vessel has a limited entry permit registered to it at any time during
the trip limit period and uses open access gear, but the open access
limit is smaller than the limited entry limit, the open access limit
may not be exceeded and counts toward the limited entry limit. If a
vessel has a limited entry permit registered to it at any time during
the trip limit period and uses open access gear, but the open access
limit is larger than the limited entry limit, the smaller limited entry
limit applies, even if taken entirely with open access gear.
(B) Limited entry permit restrictions for vessels fishing in the
open access fishery--(1) Vessel registered to a limited entry trawl
permit. To participate in the open access fishery, described at part
660, subpart F, with open access gear, defined at Sec. 660.11, a
vessel registered to a limit entry trawl permit must make the
appropriate fishery declaration, as specified at Sec.
660.14(d)(5)(iv)(A). In addition, a vessel registered to a limit entry
trawl permit must remove the permit from their vessel, as specified at
Sec. 660.25(b)(4)(v), unless the vessel will be fishing in the open
access fishery under one of the following declarations specified at
Sec. 660.13(d):
(i) Non-groundfish trawl gear for pink shrimp,
(ii) Non-groundfish trawl gear for ridgeback prawn,
(iii) Non-groundfish trawl gear for California halibut,
(iv) Non-groundfish trawl gear for sea cucumber,
(v) Open access Dungeness crab pot/trap gear,
(vi) Open access HMS line gear,
(vii) Open access salmon troll gear,
(viii) Open access Coastal Pelagic Species net gear.
(2) Vessel registered to a limited entry fixed gear permit. To
participate with open access gear, defined at Sec. 660.11, subpart C,
a vessel registered to a limit entry fixed gear permit must make the
appropriate open access declaration, as specified at Sec.
660.14(d)(5)(iv)(A).
0
12. In Sec. 660.111, revise the definition for ``Catch history
assignment'' to read as follows:
Sec. 660.111 Trawl fishery--definitions.
* * * * *
Catch history assignment or CHA means a percentage of the
mothership sector allocation of Pacific whiting based on a limited
entry permit's qualifying history and which is specified on the MS/CV-
endorsed limited entry permit.
* * * * *
0
13. In Sec. 660.112,
0
a. Revise paragraphs (b)(1)(iv) and (b)(1)(xii)(B); and add paragraph
(b)(1)(xii)(C);
0
b. Revise paragraph (b)(1)(xiii);
0
c. Revise paragraphs (b)(2)(i) and (ii) to read as follows:
Sec. 660.112 Trawl fishery--prohibitions.
* * * * *
(b) * * *
(1) * * *
(iv) Register the limited entry trawl endorsed permit to another
vessel or sell the limited entry trawl endorsed permit to another owner
if the vessel registered to the permit has a deficit (negative balance)
in their vessel account, until the deficit is covered, regardless of
the amount of the deficit.
* * * * *
(xii) * * *
(B) A vessel that has a sablefish at-sea processing exemption,
described at Sec. 660.25(b)(6)(i) may process sablefish at-sea.
(C) A vessel that has a non-whiting at-sea processing exemption,
described at Sec. 660.25(b)(6)(ii) may process non-whiting groundfish
at sea.
* * * * *
(xiii) Retain any IFQ species/species group onboard a vessel unless
the vessel has observer coverage during the entire trip and observer or
catch monitor coverage while in port until all IFQ species from the
trip are offloaded, except for the following IFQ species: Bocaccio,
yelloweye rockfish, canary rockfish, and cowcod. If the observer makes
available to the catch monitor an observer program form reporting the
weight and number of each of the IFQ species that were retained onboard
the vessel during that trip and noting any discrepancy in those species
between the vessel operator and observer, the vessel would not need to
maintain observer or catch monitor coverage on the vessel while in port
and until the offload is complete. A vessel may deliver IFQ species/
species groups to
[[Page 74740]]
more than one IFQ first receiver, but must maintain observer coverage
onboard the vessel during any transit between delivery points. Once
transfer of fish begins, all fish aboard the vessel are counted as part
of the same landing as defined at Sec. 660.11. Modifying the list of
IFQ species to which this exception applies has been designated as a
``routine management measure'' and may be modified through an inseason
action, as specified at Sec. 660.60(c)(1)(iv).
* * * * *
(2) * * *
(i) Receive, purchase, or take custody, control, or possession of
an IFQ landing from a vessel that harvested the catch while fishing
under the Shorebased IFQ Program without a valid first receiver site
license.
(ii) Fail to sort fish received from a IFQ landing prior to first
weighing after offloading as specified at Sec. 660.130(d)(2) for the
Shorebased IFQ Program, with the following exception. Vessels declared
in to the Shorebased IFQ Program at Sec. 660.13(d)(5)(iv)(A), may
weigh catch on a bulk scale or automatic hopper scale before sorting as
described at Sec. 660.140(j)(2)(viii), for Pacific whiting taken with
midwater trawl gear, and at Sec. 660.140(j)(2)(ix)(A), for all other
IFQ landings. For this exception, all but the predominant species must
then be reweighed.
* * * * *
0
14. In Sec. 660.113, revise paragraphs (a)(2) and (b)(4)(i) and (ii)
to read as follows:
Sec. 660.113 Trawl fishery--recordkeeping and reporting.
* * * * *
(a) * * *
(2) Retention of records. All records used in the preparation of
records or reports specified in this section or corrections to these
reports must be maintained for a period of not less than three years
after the date of landing and must be immediately available upon
request for inspection by NMFS or authorized officers or others as
specifically authorized by NMFS. Records used in the preparation of
required reports specified in this section or corrections to these
reports that are required to be kept include, but are not limited to,
any written, recorded, graphic, electronic, or digital materials as
well as other information stored in or accessible through a computer or
other information retrieval system; worksheets; weight slips;
preliminary, interim, and final tally sheets; receipts; checks;
ledgers; notebooks; diaries; spreadsheets; diagrams; graphs; charts;
tapes; disks; or computer printouts. All relevant records used in the
preparation of electronic fish ticket reports or corrections to these
reports, including dock tickets, must be maintained for a period of not
less than three years after the date and must be immediately available
upon request for inspection by NMFS or authorized officers or others as
specifically authorized by NMFS.
(b) * * *
(4) * * *
(i) Required information. All IFQ first receivers must provide the
following types of information: Date of landing, vessel that made the
delivery, vessel account number, name of the vessel operator, gear type
used, catch area, first receiver, actual weights of species landed
listed by species or species group including species with no value,
condition landed, number of salmon by species, number of Pacific
halibut, ex-vessel value of the landing by species, fish caught inside/
outside 3 miles or both, and any other information deemed necessary by
the Regional Administrator as specified on the appropriate electronic
fish ticket form.
(ii) Submissions. The IFQ first receiver must:
(A) Include as part of each electronic fish ticket submission, the
actual scale weight for each groundfish species as specified by
requirements at Sec. 660.15(c), and the vessel identification number.
(B) Use for the purpose of submitting electronic fish tickets, and
maintain in good working order, computer equipment as specified at
Sec. 660.15(d);
(C) Install, use, and update as necessary, any NMFS-approved
software described at Sec. 660.15(d);
(D) Submit a completed electronic fish ticket for every IFQ landing
no later than 24 hours after the date the fish are received, unless a
waiver of this requirement has been granted under provisions specified
at paragraph (b)(4)(iv) of this section.
(E) Follow these process and submittal requirements for offloading
at a first receiver site where the fish will be processed at the
offload site or if an electronic fish ticket will be recorded prior to
transport:
(1) The IFQ first receiver must communicate the electronic fish
ticket number to the catch monitor.
(2) After completing the offload, the electronic fish ticket
information must be recorded immediately.
(3) Prior to submittal of the electronic fish ticket, the
information recorded for the electronic fish ticket must be reviewed by
the catch monitor and the vessel operator who delivered the fish.
(4) After review, the IFQ first receiver and the vessel operator
must sign a printed hard copy of the electronic fish ticket or, if the
delivery occurs outside of business hours, the original dock ticket.
(5) Prior to submittal, three copies of the signed electronic fish
ticket must be produced by the IFQ first receiver and a copy provided
to each of the following:
(i) The vessel operator,
(ii) The state of origin if required by state regulations, and
(iii) The IFQ first receiver.
(6) After review and signature, the electronic fish ticket must be
submitted within 24 hours of the completion of the offload, as
specified in paragraph (b)(4)(ii)(D) of this section.
(F) Follow these process and submittal requirements for offloading
at a first receiver site where the fish will be transported for
processing at a different location if an electronic fish ticket is not
recorded prior to transport:
(1) The IFQ first receiver must communicate the electronic fish
ticket number to the catch monitor at the beginning of the offload.
(2) The vessel name and the electronic fish ticket number must be
recorded on each dock ticket related to that delivery.
(3) Upon completion of the dock ticket, but prior to transfer of
the offload to another location, the dock ticket information that will
be used to complete the electronic fish ticket must be reviewed by the
catch monitor and the vessel operator who delivered the fish.
(4) After review, the IFQ first receiver and the vessel operator
must sign the original copy of each dock ticket related to that
delivery.
(5) Prior to submittal of the electronic fish ticket, three copies
of the signed dock ticket must be produced by the IFQ first receiver
and a copy provided to each of the following:
(i) The vessel operator,
(ii) The state of origin if required by state regulations, and
(iii) The IFQ first receiver.
(6) Based on the information contained in the signed dock ticket,
the electronic fish ticket must be completed and submitted within 24
hours of the completion of the offload, as specified in paragraph
(b)(4)(ii)(D) of this section.
(7) Three copies of the electronic fish ticket must be produced by
the IFQ first receiver and a copy provided to each of the following:
(i) The vessel operator,
(ii) The state of origin if required by state regulations, and
(iii) The IFQ first receiver.
* * * * *
0
15. Revise Sec. 660.120 to read as follows:
[[Page 74741]]
Sec. 660.120 Trawl fishery--crossover provisions.
The crossover provisions listed at Sec. 660.60(h)(7), apply to
vessels fishing in the limited entry trawl fishery.
0
16. In Sec. 660.130, remove paragraph (c)(4)(ii)(B) and redesignate
paragraph (c)(4)(ii)(C) as (c)(4)(ii)(B), revise paragraph (c) heading,
(c) introductory text, (c)(4) introductory text, (d) introductory text,
and (d)(2)(i) to read as follows:
Sec. 660.130 Trawl fishery--management measures.
* * * * *
(c) Restrictions by limited entry trawl gear type. Management
measures may vary depending on the type of trawl gear (i.e., large
footrope, small footrope, selective flatfish, or midwater trawl gear)
used and/or on board a vessel during a fishing trip, cumulative limit
period, and the area fished. Trawl nets may be used on and off the
seabed. For some species or species groups, Table 1 (North) and Table 1
(South) of this subpart provide trip limits that are specific to
different types of trawl gear: Large footrope, small footrope
(including selective flatfish), selective flatfish, midwater, and
multiple types. If Table 1 (North) and Table 1 (South) of this subpart
provide gear specific limits for a particular species or species group,
it is unlawful to take and retain, possess or land that species or
species group with limited entry trawl gears other than those listed.
* * * * *
(4) More than one type of trawl gear on board. The trip limits in
Table 1 (North) or Table 1 (South) of this subpart must not be
exceeded.
* * * * *
(d) Sorting. Under Sec. 660.12 (a)(8), it is unlawful for any
person to ``fail to sort, prior to the first weighing after offloading,
those groundfish species or species groups for which there is a trip
limit, size limit, scientific sorting designation, quota, harvest
guideline, ACL or ACT or OY, if the vessel fished or landed in an area
during a time when such trip limit, size limit, scientific sorting
designation, quota, harvest guideline, ACL or ACT or OY applied.'' The
States of Washington, Oregon, and California may also require that
vessels record their landings as sorted on their state landing receipt.
Sector specific sorting requirements and exceptions are listed at
paragraphs (d)(2) and (d)(3) of this section.
* * * * *
(2) * * *
(i) First receivers. Fish landed at IFQ first receivers (including
shoreside processing facilities and buying stations that intend to
transport catch for processing elsewhere) must be sorted, prior to
first weighing after offloading from the vessel and prior to transport
away from the point of landing, with the following exception. Vessels
declared in to the Shorebased IFQ Program at Sec. 660.13(d)(5)(iv)(A),
may weigh catch on a bulk scale or automatic hopper scale before
sorting as described at Sec. 660.140(j)(2)(viii), for Pacific whiting
taken with midwater trawl gear, and at Sec. 660.140(j)(2)(ix)(A), for
all other IFQ landings. For this exception, all but the predominant
species must then be reweighed.
* * * * *
0
17. In Sec. 660.140,
0
a. Revise paragraph (a) introductory text, paragraphs (d)(1)(ii)
introductory text, (d)(1)(ii)(A) and (C), (d)(2)(ii), (d)(3)(i)(D),
(d)(3)(ii)(A), (d)(4)(v), (e)(1)(i), (e)(2)(ii), (e)(3)(i)(D),
(e)(3)(ii), (e)(4)(i) introductory text, (e)(5)(i), (f)(1) and (2),
(f)(3) introductory text, (f)(3)(iii) introductory text,
(f)(3)(iii)(B), (f)(5) through (f)(7), (h)(1)(i), (j)(1), and (l)(2);
0
b. Add paragraphs (f)(3)(ii)(D) and (f)(3)(iii)(C)(11) to read as
follows:
Sec. 660.140 Shorebased IFQ Program.
(a) General. The Shorebased IFQ Program applies to qualified
participants in the Pacific Coast Groundfish fishery and includes a
system of transferable QS for most groundfish species or species
groups, IBQ for Pacific halibut, and trip limits or set-asides for the
remaining groundfish species or species groups. NMFS will issue a QS
permit to eligible participants and will establish a QS account for
each QS permit owner to track the amount of QS or IBQ and QP or IBQ
pounds owned by that owner. QS permit owners may own QS or IBQ for IFQ
species, expressed as a percent of the allocation to the Shorebased IFQ
Program for that species. NMFS will issue QP or IBQ pounds to QS permit
owners, expressed in pounds, on an annual basis, to be deposited in the
corresponding QS account. NMFS will establish a vessel account for each
eligible vessel owner participating in the Shorebased IFQ Program,
which is independent of the QS permit and QS account. In order to use
QP or IBQ pounds, a QS permit owner must transfer the QP or IBQ pounds
from the QS account into the vessel account for the vessel to which the
QP or IBQ pounds is to be assigned. Harvests of IFQ species may only be
delivered to an IFQ first receiver with a first receiver site license.
In addition to the requirements of this section, the Shorebased IFQ
Program is subject to the following groundfish regulations of subparts
C and D:
* * * * *
(d) * * *
(1) * * *
(ii) Annual QP and IBQ pound allocations. QP and IBQ pounds will be
deposited into QS accounts annually. QS permit owners will be notified
of QP deposits via the IFQ Web site and their QS account. QP and IBQ
pounds will be issued to the nearest whole pound using standard
rounding rules (i.e. decimal amounts less than 0.5 round down and 0.5
and greater round up), except that in the first year of the Shorebased
IFQ Program, issuance of QP for overfished species greater than zero
but less than one pound will be rounded up to one pound. Rounding rules
may affect distribution of the entire shorebased trawl allocation. NMFS
will distribute such allocations to the maximum extent practicable, not
to exceed the total allocation. QS permit owners must transfer their QP
and IBQ pounds from their QS account to a vessel account in order for
those QP and IBQ pounds to be fished. QP and IBQ pounds must be
transferred in whole pounds (i.e. no fraction of a QP or IBQ pound can
be transferred). All QP and IBQ pounds in a QS account must be
transferred to a vessel account by September 1 of each year in order to
be fished.
(A) Non-whiting QP annual sub-allocations. NMFS will issue QP for
IFQ species other than Pacific whiting and Pacific halibut annually by
multiplying the QS permit owner's QS for each such IFQ species by that
year's shorebased trawl allocation for that IFQ species. Deposits to QS
accounts for IFQ species other than Pacific whiting and Pacific halibut
will be made on or about January 1 each year. Until the method for
distributing the QP issued for adaptive management program QS,
specified at paragraph (l) of this section, is developed and
implemented or through 2014, whichever is earlier, the resulting AMP QP
will be issued to all QS permit owners in proportion to their non-
whiting QS.
(1) In years where the groundfish harvest specifications are known
by January 1, deposits to QS accounts for IFQ species will be made on
or about January 1.
(2) In years where the groundfish harvest specifications are not
known by January 1, NMFS will issue QP in two parts. On or about
January 1, NMFS will deposit QP based on the shorebased trawl
allocation multiplied by the lower end of the range of potential
harvest specifications for that year. After the
[[Page 74742]]
final harvest specifications are established later in the year, NMFS
will deposit additional QP to the QS account.
* * * * *
(C) Pacific halibut IBQ pounds annual allocation. NMFS will issue
IBQ pounds for Pacific halibut annually by multiplying the QS permit
owner's IBQ percent by the Shorebased IFQ Program component of the
trawl bycatch mortality limit for that year. Deposits to QS accounts
for Pacific halibut IBQ pounds will be made on or about January 1 each
year. Mortality of any size Pacific halibut count against IBQ pounds.
(1) In years where the Pacific halibut total constant exploitation
yield is known by January 1, deposits to QS accounts will be made on or
about January 1.
(2) In years where the Pacific halibut total constant exploitation
yield is not known by January 1, NMFS will issue QP in two parts. On or
about January 1, NMFS will deposit QP based on some portion of the
International Pacific Halibut Commission's staff recommended total
constant exploitation yield from their interim meeting. After the final
Pacific halibut total constant exploitation yield is established from
the International Pacific Halibut Commission's annual meeting, NMFS
will deposit additional QP to the QS account.
* * * * *
(2) * * *
(ii) Registration. A QS account will be established by NMFS with
the issuance of a QS permit. The administrative functions associated
with the Shorebased IFQ Program (e.g., account registration, landing
transactions, and transfers) are designed to be accomplished online;
therefore, a participant must have access to a computer with Internet
access and must set up online access to their QS account to
participate. The computer must have Internet browser software installed
(e.g., Internet Explorer, Netscape, Mozilla Firefox); as well as the
Adobe Flash Player software version 9.0 or greater. NMFS will mail
initial QS permit owners instructions to set up online access to their
QS account. NMFS will use the QS account to send messages to QS permit
owners; it is important for QS permit owners to monitor their online QS
account and all associated messages.
(3) * * *
(i) * * *
(D) QS permits will not be renewed until SFD has received a
complete application for a QS permit renewal, which includes payment of
required fees, complete documentation of QS permit ownership on the
Trawl Identification of Ownership Interest Form as required under
paragraph (d)(4)(iv) of this section, a complete economic data
collection form if required under Sec. 660.114. The QS permit renewal
will be considered incomplete until the required information is
submitted.
* * * * *
(ii) * * *
(A) Change in QS permit ownership. Ownership of a QS permit cannot
be registered to another individual or entity. The QS permit owner
cannot change or add additional individuals or entities as owners of
the permit (i.e., cannot change the legal name of the permit owner(s)
as given on the permit). Any change in ownership of the QS permit
requires the new owner(s) to apply for a QS permit, and is subject to
accumulation limits and approval by NMFS.
* * * * *
(4) * * *
(v) Divestiture. Accumulation limits will be calculated by first
calculating the aggregate non-whiting QS limit and then the individual
species QS or IBQ control limits. For QS permit owners (including any
person who has ownership interest in the owner named on the permit)
that are found to exceed the accumulation limits during the initial
issuance of QS permits, an adjustment period will be provided after
which they will have to completely divest of QS or IBQ in excess of the
accumulation limits. QS or IBQ will be issued for amounts in excess of
accumulation limits only for owners of limited entry permits as of
November 8, 2008, if such ownership has been registered with NMFS by
November 30, 2008. The owner of any permit acquired after November 8,
2008, or if acquired earlier, not registered with NMFS by November 30,
2008, will only be eligible to receive an initial allocation for that
permit of those QS or IBQ that are within the accumulation limits; any
QS or IBQ in excess of the accumulation limits will be redistributed to
the remainder of the initial recipients of QS or IBQ in proportion to
each recipient's initial allocation of QS or IBQ for each species. Any
person that qualifies for an initial allocation of QS or IBQ in excess
of the accumulation limits will be allowed to receive that allocation,
but must divest themselves of the excess QS or IBQ during years three
and four of the IFQ program. Holders of QS or IBQ in excess of the
control limits may receive and use the QP or IBQ pounds associated with
that excess, up to the time their divestiture is completed. At the end
of year 4 of the IFQ program, any QS or IBQ held by a person (including
any person who has ownership interest in the owner named on the permit)
in excess of the accumulation limits will be revoked and redistributed
to the remainder of the QS or IBQ owners in proportion to the QS or IBQ
holdings in year 5. No compensation will be due for any revoked shares.
* * * * *
(e) * * *
(1) * * *
(i) Gear exception. Vessels registered to a limited entry trawl
permit using the following gears would not be required to cover
groundfish catch with QP or Pacific halibut catch with IBQ pounds: Non-
groundfish trawl, gear types defined in the coastal pelagic species
FMP, gear types defined in the highly migratory species FMP, salmon
troll, crab pot, and limited entry fixed gear when the vessel also has
a limited entry permit endorsed for fixed gear and has declared that it
is fishing in the limited entry fixed gear fishery. Vessels using gears
falling under this exception are subject to the open access fishery
restrictions and limits when declared in to an open access fishery.
* * * * *
(2) * * *
(ii) Registration. A vessel account must be registered with the
NMFS SFD Permits Office. A vessel account may be established at any
time during the year. An eligible vessel owner must submit a request in
writing to NMFS to establish a vessel account. The request must include
the vessel name; USCG vessel registration number (as given on USCG Form
1270) or state registration number, if no USCG documentation; all
vessel owner names (as given on USCG Form 1270, or on state
registration, as applicable); and business contact information,
including: Address, phone number, fax number, and email. Requests for a
vessel account must also include the following information: A complete
economic data collection form as required under Sec. 660.113(b), (c)
and (d), and a complete Trawl Identification of Ownership Interest Form
as required under paragraph (e)(4)(ii) of this section. The request for
a vessel account will be considered incomplete until the required
information is submitted. Any change specified at paragraph (e)(3)(ii)
of this section, including a change in the legal name of the vessel
owner(s), will require the new owner to register with NMFS for a vessel
account. A participant must have access to a computer with Internet
access and must
[[Page 74743]]
set up online access to their vessel account to participate. The
computer must have Internet browser software installed (e.g., Internet
Explorer, Netscape, Mozilla Firefox); as well as the Adobe Flash Player
software version 9.0 or greater. NMFS will mail vessel account owners
instructions to set up online access to their vessel account. NMFS will
use the vessel account to send messages to vessel owners in the
Shorebased IFQ Program; it is important for vessel owners to monitor
their online vessel account and all associated messages.
(3) * * *
(i) * * *
(D) Vessel accounts will not be renewed until SFD has received a
complete application for a vessel account renewal, which includes
payment of required fees, a complete documentation of permit ownership
on the Trawl Identification of Ownership Interest Form as required
under paragraph (e)(4)(ii) of this section, and a complete economic
data collection form as required under Sec. 660.114. The vessel
account renewal will be considered incomplete until the required
information is submitted.
* * * * *
(ii) Change in vessel account ownership. Vessel accounts are non-
transferable and ownership of a vessel account cannot change (i.e.,
cannot change the legal name of the owner(s) as given on the vessel
account). If the ownership of a vessel changes (as given on a USCG or
state vessel registration documentation), then a new vessel account
must be opened by the new owner in order for the vessel to participate
in the Shorebased IFQ Program.
* * * * *
(4) * * *
(i) Vessel limits. For each IFQ species or species group specified
in this paragraph, vessel accounts may not have QP or IBQ pounds in
excess of the QP Vessel Limit (Annual Limit) in any year, and, for
species covered by Unused QP Vessel Limits (Daily Limit), may not have
QP or IBQ pounds in excess of the Unused QP Vessel Limit at any time.
The QP Vessel Limit (Annual Limit) is calculated as unused available
QPs plus used QPs (landings and discards) plus any pending outgoing
transfer of QPs. The Unused QP Vessel Limits (Daily Limit) is
calculated as unused available QPs plus any pending outgoing transfer
of QPs. These vessel limits are as follows:
* * * * *
(5) * * *
(i) Surplus QP or IBQ pounds. A vessel account with a surplus of QP
or IBQ pounds (unused QP or IBQ pounds) for any IFQ species at the end
of the fishing year may carryover for use in the immediately following
year an amount of unused QP or IBQ pounds up to its carry over limit.
The carryover limit for the surplus is calculated as 10 percent of the
cumulative total QP or IBQ pounds (used and unused, less any transfers
or any previous carryover amounts) in the vessel account at the end of
the year. To the extent allowed by the conservation requirements of the
Magnuson-Stevens Act, NMFS will credit the carryover amount to the
vessel account in the immediately following year once NMFS has
completed its end-of-the-year account reconciliation. NMFS will notify
vessel account owners through the online IFQ system of any additional
QP or IBQ pounds resulting from a carryover of surplus pounds. If there
is a decline in the ACL between the base year and the following year in
which the QP or IBQ pounds would be carried over, the carryover amount
will be reduced in proportion to the reduction in the ACL. Surplus QP
or IBQ pounds may not be carried over for more than one year. Any
amount of QP or IBQ pounds in a vessel account and in excess of the
carryover amount will expire on December 31 each year and will not be
available for any future use.
* * * * *
(f) * * *
(1) General. The first receiver site license authorizes the holder
to receive, purchase, or take custody, control, or possession of an IFQ
landing at a specific physical site onshore directly from a vessel.
Each buyer of groundfish from a vessel making an IFQ landing must have
a first receiver site license for each physical location where the IFQ
landing is offloaded.
(2) Issuance. (i) First receiver site licenses will only be issued
to a person registered to a valid license issued by the state of
Washington, Oregon, or California, and that authorizes the person to
receive fish from a catcher vessel.
(ii) A separate first receiver site license will be issued for each
IFQ first receiver for each specific physical location where the IFQ
first receiver will receive, purchase or take custody, control, or
possession of an IFQ landing from a vessel.
(iii) An IFQ first receiver may apply for a first receiver site
license at any time during the calendar year.
(iv) IFQ first receivers must reapply for a first receiver site
license as specified at paragraphs (f)(6) and (7) of this section.
* * * * *
(3) Application process. Persons interested in being licensed as an
IFQ first receiver for a specific physical location must submit a
complete application for a first receiver site license to NMFS,
Northwest Region, Permits Office, ATTN: Catch Monitor Coordinator,
Bldg. 1, 7600 Sand Point Way NE., Seattle, WA 98115. NMFS will only
consider complete applications for approval. A complete application
includes:
* * * * *
(ii) * * *
(D) The name and signature of the person submitting the application
and the date of the application.
* * * * *
(iii) A catch monitoring plan. All IFQ first receivers must prepare
and operate under a NMFS-accepted catch monitoring plan for each
specific physical location. A proposed catch monitoring plan detailing
how the IFQ first receiver will meet each of the performance standards
in paragraph (f)(3)(iii)(C) of this section must be included with the
application. NMFS will not issue a first receiver site license to a
person that does not have a current, NMFS-accepted catch monitoring
plan.
* * * * *
(B) Arranging an inspection. After receiving a complete application
for a first receiver site license, including the proposed catch
monitoring plan, NMFS will contact the applicant to schedule a site
inspection.
* * * * *
(C) * * *
(11) Electronic fish ticket submittal. Describe how the electronic
fish ticket submittal requirements specified at Sec. 660.113(b)(4)(ii)
will be met.
* * * * *
(5) Effective date. The first receiver site license is effective
upon approval and issuance by NMFS and will be effective for one year
from the date of NMFS issuance, or until the state license required by
paragraph (f)(2)(i) of this section is no longer effective, whichever
occurs first.
(6) Reissuance in subsequent years. Existing license holders must
reapply annually. If the existing license holder fails to reapply, the
first receiver's site license will expire as specified in paragraph
(f)(5) of this section. The IFQ first receiver will not be authorized
to receive IFQ species from a vessel if their first receiver site
license has expired.
(7) Change in ownership of an IFQ first receiver. If there are any
changes to
[[Page 74744]]
the owner of a first receiver registered to a first receiver site
license during a calendar year, the first receiver site license is
void. The new owner of the first receiver must apply to NMFS for a
first receiver site license. A first receiver site license may not be
registered to any other person.
* * * * *
(h) * * *
(1) * * *
(i) Any vessel participating in the Shorebased IFQ Program must
carry a NMFS-certified observer during any trip and must maintain
observer or catch monitor coverage while in port until all fish from
that trip have been offloaded, with the following exception. If the
observer makes available to the catch monitor an observer program form
reporting the weight and number of those overfished species identified
in Sec. 660.112(b)(1)(xiii) that were retained onboard the vessel
during that trip and noting any discrepancy in those species between
the vessel operator and observer, the vessel would not need to maintain
observer or catch monitor coverage on the vessel while in port and
until the offload is complete. If a vessel delivers fish from an IFQ
trip to more than one IFQ first receiver, the observer must remain
onboard the vessel during any transit between delivery points.
* * * * *
(j) * * *
(1) Catch monitoring plan. All IFQ first receivers must operate
under a NMFS-accepted catch monitoring plan for each specific physical
location where IFQ landings will be received, purchased, or taken
custody, control, or possession of.
* * * * *
(l) * * *
(2) AMP QP pass through. The 10 percent of non-whiting QS will be
reserved for the AMP, but the resulting AMP QP will be issued to all QS
permit owners in proportion to their non-whiting QS through 2014 or
until alternative criteria for distribution of the AMP QP is developed
and implemented, whichever is earlier.
0
18. In Sec. 660.150,
0
a. Revise paragraph (a) introductory text, (c)(2)(i)(A), (d)(1)(iii)
introductory text, (d)(1)(iii)(A)(1)(vi), (f)(2)(i), (f)(3)(i),
(g)(1)(iii), (g)(2)(iv), and (g)(3)(i) introductory text;
0
b. Add paragraphs (c)(2)(i)(B)(1)(i) and (ii), (c)(2)(i)(C),
(c)(2)(ii)(C), (g)(2)(v) and (vi) to read as follows:
Sec. 660.150 Mothership (MS) Coop Program.
(a) General. The MS Coop Program is a general term to describe the
limited access program that applies to eligible harvesters and
processors in the mothership sector of the Pacific whiting at-sea trawl
fishery. Eligible harvesters and processors, including coop and non-
coop fishery participants, must meet the requirements set forth in this
section of the Pacific Coast groundfish regulations. Each year a vessel
registered to an MS/CV-endorsed permit may fish in either the coop or
non-coop portion of the MS Coop Program, but not both. In addition to
the requirements of this section, the MS Coop Program is subject to the
following groundfish regulations of subparts C and D of this part:
* * * * *
(c) * * *
(2) * * *
(i) * * *
(A) Pacific whiting catch history assignment. Each MS/CV
endorsement's associated catch history assignment of Pacific whiting
will be annually allocated to a single permitted MS coop or to the non-
coop fishery. If multiple MS/CV endorsements and their associated CHAs
are registered to a limited entry permit, that permit may be
simultaneously registered to more than one MS coop or to both a coop(s)
and non-coop fishery. Once assigned to a permitted MS coop or to the
non-coop fishery, each MS/CV endorsement's catch history assignment
remains with that permitted MS coop or non-coop fishery for that
calendar year. When the mothership sector allocation is established,
the information for the conversion of catch history assignment to
pounds will be made available to the public through a Federal Register
announcement and/or public notice and/or the NMFS Web site. The amount
of whiting from the catch history assignment will be issued to the
nearest whole pound using standard rounding rules (i.e. less than 0.5
rounds down and 0.5 and greater rounds up).
(1) In years where the Pacific whiting harvest specification is
known by the start of the mothership sector primary whiting season
specified at Sec. 660.131(b)(2)(iii)(B), allocation for Pacific
whiting will be made by the start of the season.
(2) In years where the Pacific whiting harvest specification is not
known by the start of the mothership sector primary whiting season
specified at Sec. 660.131(b)(2)(iii)(B), NMFS will issue Pacific
whiting allocations in two parts. Before the start of the primary
whiting season, NMFS will allocate Pacific whiting based on the MS Coop
Program allocation percent multiplied by the lower end of the range of
potential harvest specifications for Pacific whiting for that year.
After the final Pacific whiting harvest specifications are established,
NMFS will allocate any additional amounts of Pacific whiting to the MS
Coop Program.
(B) * * *
(1) * * *
(i) In years where the groundfish harvest specifications are known
by the start of the mothership sector primary whiting season specified
at Sec. 660.131(b)(2)(iii)(B), allocation of non-whiting groundfish
species with an allocation will be made by the start of the season.
(ii) In years where the groundfish harvest specifications are not
known by the start of the mothership sector primary whiting season
specified at Sec. 660.131(b)(2)(iii)(B), NMFS will issue allocations
for non-whiting groundfish species with an allocation in two parts.
Before the start of the whiting primary season, NMFS will allocate non-
whiting groundfish species with an allocation based on the MS Coop
Program allocation percent multiplied by the lower end of the range of
potential harvest specifications for those species for that year. After
the final groundfish harvest specifications are established, NMFS will
allocate any additional amounts of non-whiting groundfish species with
an allocation to the MS Coop Program.
* * * * *
(C) Rounding rules may affect distribution of the MS Coop Program
allocations among the catch history assignments for individual MS/CV-
endorsed permits. NMFS will distribute such allocations to the maximum
extent practicable, not to exceed the total allocation.
* * * * *
(ii) * * *
(C) If all MS/CV-endorsed permits are members of a single coop in a
given year and there is not a non-coop fishery, then NMFS will allocate
100 percent of the MS Coop Program allocation to that coop.
* * * * *
(d) * * *
(1) * * *
(iii) Application for MS coop permit. The designated coop manager,
on behalf of the coop 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 coop permit. An application will not be considered
complete if any required application fees and annual coop reports have
not been received by NMFS. NMFS may request additional
[[Page 74745]]
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 NWR Web site (http://www.nwr.noaa.gov) or by request from NMFS. The designated coop manager
must sign the application acknowledging the responsibilities of a
designated coop 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 coop(s).
(A) * * *
(1) * * *
(vi) A clause stating that if a permit is registered to a new
permit owner during the effective period of the coop agreement, any new
owners of that member permit would be coop members required to comply
with membership restrictions in the coop agreement.
* * * * *
(f) * * *
(2) * * *
(i) Renewal. An MS permit must be renewed annually consistent with
the limited entry permit regulations given at Sec. 660.25(b)(4). If a
vessel registered to the MS permit will operate as a mothership in the
year for which the permit is renewed, the permit owner must make a
declaration as part of the permit renewal that while participating in
the whiting fishery it will operate solely as a mothership during the
calendar year to which its limited entry permit applies. Any such
declaration is binding on the vessel for the calendar year, even if the
permit is registered to a different permit owner during the year,
unless it is rescinded in response to a written request from the permit
owner. Any request to rescind a declaration must be made by the permit
owner and granted in writing by the Regional Administrator before any
unprocessed whiting has been taken on board the vessel that calendar
year.
* * * * *
(3) * * *
(i) MS permit usage limit. No person who owns an MS permit(s) may
register the MS permit(s) to vessels that cumulatively process more
than 45 percent of the annual mothership sector Pacific whiting
allocation. For purposes of determining accumulation limits, NMFS
requires that permit owners submit a complete trawl ownership interest
form for the permit owner as part of annual renewal for the MS permit.
An ownership interest form will also be required whenever a new permit
owner obtains an MS permit as part of a request for a change in permit
ownership. Accumulation limits will be determined by calculating the
percentage of ownership interest a person has in any MS permit.
Determination of ownership interest will subject to the individual and
collective rule.
* * * * *
(g) * * *
(1) * * *
(iii) MS/CV endorsement and CHA non-severable. Subject to the
regulations at paragraph (g)(2)(iv) and (v) of this section, an MS/CV
endorsement and its associated CHA are permanently linked together as
originally issued by NMFS and cannot be divided or registered
separately to another limited entry trawl permit. An MS/CV endorsement
and its associated CHA must be registered to a limited entry trawl
permit and any change in endorsement registration must be to another
limited entry trawl permit.
* * * * *
(2) * * *
(iv) Change in MS/CV endorsement registration. As specified at
Sec. 660.25(b)(3)(v), each MS/CV endorsement has an associated CHA
that is permanently linked as originally issued by NMFS and cannot be
divided or registered separately to another limited entry trawl permit.
An MS/CV endorsement and associated CHA must be registered to a limited
entry trawl permit and any change in MS/CV endorsement registration
must be to another limited entry trawl permit. Any change in MS/CV
endorsement registration will be registered separately on the limited
entry trawl permit. An MS/CV endorsement and its associated CHA cannot
be registered to any other person other than the specified owner of the
limited entry trawl permit to which it is registered.
(A) Multiple MS/CV endorsements on a limited entry trawl permit.
Multiple MS/CV endorsements and associated CHAs may be registered to a
single limited entry trawl permit. If multiple endorsements are
registered to a single limited entry trawl permit, the whiting CHA
amount (expressed as a percent) will remain in the amount that it was
originally issued by NMFS and will not be combined as a single larger
CHA, unless two or more MS/CV-endorsed permits are combined for
purposes of increasing the size endorsement, as specified at Sec.
660.25(b)(4)(ii)(B). Any change in MS/CV endorsement registration may
be disapproved if the person owning the limited entry trawl permit has
aggregate CHA amounts in excess of the accumulation limits specified at
paragraph (g)(3) of this section.
(B) Application. A request for a change in MS/CV endorsement
registration must be made between September 1 and December 31 of each
year. Any transfer of MS/CV endorsement and its associated CHA to
another limited entry trawl permit must be requested using a change in
permit ownership form and the permit owner or an authorized
representative of the permit owner must certify that the application is
true and correct by signing and dating the form. In addition, the form
must be notarized, and the permit owner selling the MS/CV endorsement
and CHA must provide the sale price of the MS/CV endorsement and its
associated CHA. If any assets in addition to the MS/CV endorsement and
its associated CHA are included in the sale price, those assets must be
itemized and described.
(C) Effective date. Any change in MS/CV endorsement registration
from one limited entry trawl permit to another limited entry trawl
permit will be effective on January 1 in the year following the
application period.
(D) A limited entry trawl permit with multiple MS/CV endorsement
registrations may be simultaneously registered to more than one coop or
to both a coop(s) and non-coop fishery. In such cases, as part of the
coop permit application process, specified at paragraph (d)(iii) of
this section, the permit owner must specify on the coop permit
application form which MS/CV endorsement and associated CHA is
specifically registered to a particular coop or to the non-coop
fishery.
(v) Combination. An MS/CV-endorsed permit may be combined with one
or more other limited entry trawl permits; the resulting permit will be
a single permit with an increased size endorsement. If the MS/CV-
endorsed permit is combined with another limited entry trawl-endorsed
permit other than a C/P-endorsed permit, the resulting permit will be
MS/CV-endorsed. If an MS/CV-endorsed permit is combined with a C/P-
endorsed permit, the resulting permit will be exclusively a C/P-
endorsed permit, and will not have an MS/CV endorsement. If an MS/CV-
endorsed permit is combined with another MS/CV-endorsed permit, the
combined catch history assignment of the permit(s) will be added to the
active permit (the permit remaining after combination) and the other
permit will be retired. If a trawl permit has more than one MS/CV
endorsements and it is combined with a non C/P-endorsed trawl permit
with no such endorsements, the MS/CV endorsements
[[Page 74746]]
on the resulting permit will be maintained as separate endorsements on
the resulting permit. NMFS will not approve a permit combination if it
results in a person exceeding the accumulation limits specified at
paragraph (g)(3) of this section. Any request to combine permits is
subject to the provision provided at Sec. 660.25(b), including the
combination formula for resulting size endorsements.
(vi) One-time request to undo a permit combination. If two or more
MS/CV-endorsed permits have been combined before January 1, 2012 for
purposes of increasing the vessel's size endorsement, a permit owner of
the resulting combined permit will have until February 29, 2012 to undo
that permit combination. The permit owner must submit a letter to NMFS
requesting such action. The letter must be postmarked or hand-delivered
to NMFS by the deadline.
* * * * *
(3) * * *
(i) MS/CV-endorsed permit ownership limit. No person shall own MS/
CV-endorsed permits for which the collective Pacific whiting allocation
total is greater than 20 percent of the total mothership sector
allocation. For purposes of determining accumulation limits, NMFS
requires that permit owners submit a complete trawl ownership interest
form for the permit owner as part of annual renewal of an MS/CV-
endorsed permit. An ownership interest form will also be required
whenever a new permit owner obtains an MS/CV-endorsed permit as part of
a request for a change in permit ownership. Accumulation limits will be
determined by calculating the percentage of ownership interest a person
has in any MS/CV-endorsed permit and the amount of the Pacific whiting
catch history assignment given on the permit. Determination of
ownership interest will be subject to the individual and collective
rule.
* * * * *
0
19. In Sec. 660.160,
0
a. Revise paragraphs (a) introductory text, (d)(1)(iii)(A)(1)(iv),
(e)(1)(i), (e)(2)(i);
0
b. Add paragraphs (c)(2)(i) and (ii), and (c)(3)(i)(A) and (B) to read
as follows:
Sec. 660.160 Catcher/processor (C/P) Coop Program.
(a) General. The C/P Coop Program is a limited access program that
applies to vessels in the C/P sector of the Pacific whiting at-sea
trawl fishery and is a single voluntary coop. Eligible harvesters and
processors must meet the requirements set forth in this section of the
Pacific Coast groundfish regulations. In addition to the requirements
of this section, the C/P Coop Program is subject to the following
groundfish regulations:
* * * * *
(c) * * *
(2) * * *
(i) In years where the Pacific whiting harvest specification is
known by the start of the catcher/processor sector primary whiting
season specified at Sec. 660.131(b)(2)(iii)(A), allocation for Pacific
whiting will be made by the start of the season.
(ii) In years where the Pacific whiting harvest specification is
not known by the start of the catcher/processor sector primary whiting
season specified at Sec. 660.131(b)(2)(iii)(A), NMFS will issue
Pacific whiting allocations in two parts. Before the start of the
primary whiting season, NMFS will allocate Pacific whiting based on the
C/P Coop Program allocation percent multiplied by the lower end of the
range of potential harvest specifications for Pacific whiting for that
year. After the final Pacific whiting harvest specifications are
established, NMFS will allocate any additional amounts of Pacific
whiting to the C/P Coop Program.
(3) * * *
(i) * * *
(A) In years where the groundfish harvest specifications are known
by the start of the catcher/processor sector primary whiting season
specified at Sec. 660.131(b)(2)(iii)(A), allocation of non-whiting
groundfish species with an allocation will be made by the start of the
season.
(B) In years where the groundfish harvest specifications are not
known by the start of the catcher/processor sector primary whiting
season specified at Sec. 660.131(b)(2)(iii)(A), NMFS will issue
allocations for non-whiting groundfish species with an allocation in
two parts. Before the start of the primary whiting season, NMFS will
allocate non-whiting groundfish species with an allocation based on the
C/P Coop Program allocation percent multiplied by the lower end of the
range of potential harvest specifications for those species for that
year. After the final groundfish harvest specifications are
established, NMFS will allocate any additional amounts of non-whiting
groundfish species with an allocation to the C/P Coop Program.
* * * * *
(d) * * *
(1) * * *
(iii) * * *
(A) * * *
(1) * * *
(iv) A clause stating that if a permit is registered to a new
permit owner during the effective period of the coop agreement, any new
owners of that member permit would be coop members and are required to
comply with membership restrictions in the coop agreement.
* * * * *
(e) * * *
(1) * * *
(i) Non-severable. A C/P endorsement is not severable from the
limited entry trawl permit, and therefore, the endorsement may not be
registered to another permit owner or to another vessel separately from
the limited entry trawl permit.
* * * * *
(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). If a vessel registered to the C/P-endorsed permit will
operate as a mothership in the year for which the permit is renewed,
the permit owner must make a declaration as part of the permit renewal
that while participating in the whiting fishery they will operate
solely as a mothership during the calendar year to which its limited
entry permit applies. Any such declaration is binding on the vessel for
the calendar year, even if the permit is registered to a different
permit owner during the year, unless it is rescinded in response to a
written request from the permit owner. Any request to rescind a
declaration must be made by the permit owner and granted in writing by
the Regional Administrator before any unprocessed whiting has been
taken on board the vessel that calendar year.
* * * * *
0
20. In Sec. 660.212, revise paragraph (d)(3) to read as follows:
Sec. 660.212 Fixed gear fishery--prohibitions.
* * * * *
(d) * * *
(3) Process sablefish taken at-sea in the limited entry fixed gear
sablefish primary fishery defined at Sec. 660.231, from a vessel that
does not have a sablefish at-sea processing exemption, described at
Sec. 660.25(b)(6)(i).
0
21. Revise 660.220 to read as follows:
Sec. 660.220 Fixed gear fishery--crossover provisions.
The crossover provisions listed at Sec. 660.60(h)(7), apply to
vessels fishing in the limited entry fixed gear fishery.
0
22. In Sec. 660.231, revise paragraph (b)(4)(i) and (b)(4)(ii)(A) to
read as follows:
[[Page 74747]]
Sec. 660.231 Limited entry fixed gear sablefish primary fishery.
* * * * *
(b) * * *
(4) * * *
(i) The person, partnership or corporation had ownership interest
in a limited entry permit with a sablefish endorsement prior to
November 1, 2000. A person who has ownership interest in a partnership
or corporation that owned a sablefish-endorsed permit as of November 1,
2000, but who did not individually own a sablefish-endorsed limited
entry permit as of November 1, 2000, is not exempt from the owner-on-
board requirement when he/she leaves the partnership or corporation and
purchases another permit individually. A person, partnership, or
corporation that is exempt from the owner-on-board requirement may sell
all of their permits, buy another sablefish-endorsed permit within up
to a year from the date the last change in permit ownership was
approved, and retain their exemption from the owner-on-board
requirements. Additionally, a person, partnership, or corporation that
qualified for the owner-on-board exemption, but later divested their
interest in a permit or permits, may retain rights to an owner-on-board
exemption as long as that person, partnership, or corporation purchases
another permit by March 2, 2007. A person, partnership or corporation
could only purchase a permit if it has not added or changed individuals
since November 1, 2000, excluding individuals that have left the
partnership or corporation, or that have died.
(ii) * * *
(A) Evidence of death of the permit owner shall be provided to NMFS
in the form of a copy of a death certificate. In the interim before the
estate is settled, if the deceased permit owner was subject to the
owner-on-board requirements, the estate of the deceased permit owner
may send a letter to NMFS with a copy of the death certificate,
requesting an exemption from the owner-on-board requirements. An
exemption due to death of the permit owner will be effective only until
such time that the estate of the deceased permit owner has registered
the deceased permit owner's permit to a beneficiary or up to three
years after the date of death as proven by a death certificate,
whichever is earlier. An exemption from the owner-on-board requirements
will be conveyed in a letter from NMFS to the estate of the permit
owner and is required to be on the vessel during fishing operations.
* * * * *
0
23. Revise 660.320 to read as follows:
Sec. 660.320 Open access fishery--crossover provisions.
The crossover provisions listed at Sec. 660.60(h)(7), apply to
vessels fishing in the open access fishery.
0
24. In Sec. 660.333, revise paragraphs (b) through (d) to read as
follows:
Sec. 660.333 Open access non-groundfish trawl fishery--management
measures.
* * * * *
(b) Participation in the ridgeback prawn fishery. A trawl vessel
will be considered participating in the open access, non-groundfish
trawl ridgeback prawn fishery if:
(1) It is declared ``non-groundfish trawl gear for ridgeback
prawn'' under Sec. 660.13(d)(5)(iv), regardless of whether it is
registered to a Federal limited entry trawl-endorsed permit; and
(2) The landing includes ridgeback prawns taken in accordance with
California Fish and Game Code, section 8595, which states: ``Prawns or
shrimp may be taken for commercial purposes with a trawl net, subject
to Article 10 (commencing with Section 8830) of Chapter 3.''
(c) Participation in the California halibut fishery. A trawl vessel
will be considered participating in the open access, non-groundfish
trawl California halibut fishery if:
(1) It is declared ``non-groundfish trawl gear for California
halibut'' under Sec. 660.13(d)(5)(iv), regardless of whether it is
registered to a Federal limited entry trawl-endorsed permit;
(2) All fishing on the trip takes place south of Pt. Arena, CA
(38[deg]57.50' N. lat.); and
(3) The landing includes California halibut of a size required by
California Fish and Game Code section 8392, which states: ``No
California halibut may be taken, possessed or sold which measures less
than 22 in (56 cm) in total length, unless it weighs 4-lb (1.8144 kg)
or more in the round, 3 and one-half lbs (1.587 kg) or more dressed
with the head on, or 3-lbs (1.3608 kg) or more dressed with the head
off. Total length means the shortest distance between the tip of the
jaw or snout, whichever extends farthest while the mouth is closed, and
the tip of the longest lobe of the tail, measured while the halibut is
lying flat in natural repose, without resort to any force other than
the swinging or fanning of the tail.''
(d) Participation in the sea cucumber fishery. A trawl vessel will
be considered to be participating in the open access, non-groundfish
trawl sea cucumber fishery if:
(1) It is declared ``non-groundfish trawl gear for sea cucumber''
under Sec. 660.13(d)(5)(iv), regardless of whether it is registered to
a Federal limited entry trawl-endorsed permit;
(2) All fishing on the trip takes place south of Pt. Arena, CA
(38[deg]57.50' N. lat.); and
(3) The landing includes sea cucumbers taken in accordance with
California Fish and Game Code, section 8405, which requires a permit
issued by the State of California.
* * * * *
[FR Doc. 2011-30734 Filed 11-30-11; 8:45 am]
BILLING CODE 3510-22-P