83_FR_15393 83 FR 15324 - Notification of Availability and Request for Public Comment on Analysis of a Final Rule To Prohibit the Use of Hired Masters for Sablefish Catcher Vessel Quota Shares Received by Transfer After February 12, 2010

83 FR 15324 - Notification of Availability and Request for Public Comment on Analysis of a Final Rule To Prohibit the Use of Hired Masters for Sablefish Catcher Vessel Quota Shares Received by Transfer After February 12, 2010

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 69 (April 10, 2018)

Page Range15324-15325
FR Document2018-07251

NMFS prepared an analysis of a final rule (Analysis) to prohibit the use of hired masters for sablefish catcher vessel quota shares received by transfer after February 12, 2010, in response to a November 16, 2016, order from the United States District Court, Western District of Washington (Fairweather Fish, Inc. et al. vs. Pritzker et al., Case No. 3:14-cv-05685-BHS). The Analysis describes the factors that NMFS considered in its determination that the final rule is consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) National Standards, subject to further consideration after public comment. NMFS requests public comment on the Analysis for consideration in its final determination of the consistency of the final rule with the Magnuson-Stevens Act National Standards.

Federal Register, Volume 83 Issue 69 (Tuesday, April 10, 2018) 
[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)]
[Rules and Regulations]
[Pages 15324-15325]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07251]



[[Page 15324]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-XF853


Notification of Availability and Request for Public Comment on 
Analysis of a Final Rule To Prohibit the Use of Hired Masters for 
Sablefish Catcher Vessel Quota Shares Received by Transfer After 
February 12, 2010

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

ACTION: Notification of availability; request for public comment.

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SUMMARY: NMFS prepared an analysis of a final rule (Analysis) to 
prohibit the use of hired masters for sablefish catcher vessel quota 
shares received by transfer after February 12, 2010, in response to a 
November 16, 2016, order from the United States District Court, Western 
District of Washington (Fairweather Fish, Inc. et al. vs. Pritzker et 
al., Case No. 3:14-cv-05685-BHS). The Analysis describes the factors 
that NMFS considered in its determination that the final rule is 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) National Standards, subject to 
further consideration after public comment. NMFS requests public 
comment on the Analysis for consideration in its final determination of 
the consistency of the final rule with the Magnuson-Stevens Act 
National Standards.

DATES: Submit comments on or before May 10, 2018.

ADDRESSES:

Availability of the Analysis

    Internet: You may obtain a copy of the analysis at http://www.regulations.gov or from the NMFS Alaska Region website at http://www.alaskafisheries/noaa.gov.
    Comment submission: You may submit comments on the analysis, 
identified by NOAA-NMFS-2017-0145, by any one of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0145, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered. All comments received are a part of the public 
record and will generally be posted for public viewing on http://www.regulations.gov without change. All personal identifying 
information (e.g., name, address) confidential business information, or 
otherwise sensitive information voluntarily submitted by the commenter 
will be publicly accessible. NMFS will accept anonymous comments (enter 
N/A in the required fields, if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Glenn Merrill, 907-586-7228.

SUPPLEMENTARY INFORMATION: The IFQ Program for the sablefish fishery is 
implemented by the Fishery Management Plan for Groundfish of the Bering 
Sea and Aleutian Islands Management Area (BSAI FMP), the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (GOA FMP), and 
Federal regulations at 50 CFR part 679 under the authority of the 
Magnuson-Stevens Act (16 U.S.C. 1801 et seq.). The Council recommended 
and NMFS approved the GOA FMP in 1978 and the BSAI FMP in 1982. 
Regulations implementing the FMPs and general regulations governing the 
IFQ Program appear at 50 CFR part 679.
    The IFQ Program for the halibut fishery is implemented by Federal 
regulations at 50 CFR part 300, subpart E, and 50 CFR part 679 under 
the authority of the Northern Pacific Halibut Act of 1982 (Halibut 
Act). Fishing for Pacific halibut is managed by the International 
Pacific Halibut Commission (IPHC) and the Council under the Halibut 
Act. Section 773(c) of the Halibut Act authorizes the Council to 
develop regulations that are in addition to, and not in conflict with, 
approved IPHC regulations. Such Council-recommended regulations may be 
implemented by NMFS only after approval by the Secretary of Commerce.
    NMFS implemented the IFQ Program for the management of the fixed 
gear (hook-and-line and pot gear) sablefish and halibut fisheries off 
Alaska in 1995 (58 FR 59343; November 9, 1993). The Council and NMFS 
designed the IFQ Program to allocate harvest privileges among 
participants in the commercial sablefish and halibut fisheries to 
reduce fishing capacity that had led to an unsafe ``race for fish'' as 
vessels raced to harvest their annual catch limits as quickly as 
possible before the annual limit was reached. A central objective of 
the IFQ Program was to support the social and economic character of the 
fisheries and the coastal fishing communities where much of the 
fisheries activities are based.
    Under the IFQ Program, access to the fixed gear sablefish and 
halibut fisheries is limited to those persons holding quota share. NMFS 
issued separate quota share for sablefish and halibut to qualified 
applicants based on their historical participation during a set of 
qualifying years in the sablefish and halibut fisheries. Quota share is 
an exclusive, revocable privilege that allows the holder to harvest a 
specific percentage of either the total allowable catch in the 
sablefish fishery or the annual commercial catch limit in the halibut 
fishery.
    NMFS annually issues IFQ permits to each quota share holder based 
on their quota share holdings and the amount of sablefish and halibut 
available for harvest. An annual IFQ permit authorizes the permit 
holder to harvest a specified amount of the IFQ species in a regulatory 
area from a specific operation type and vessel category. IFQ is 
expressed in pounds and is based on the amount of quota share held in 
relation to the total quota share pool for each regulatory area with an 
assigned catch limit.
    The Council intended for the IFQ catcher vessel fleet to be 
composed primarily of quota share holders that actively participate in 
the fisheries by being on the vessel used to fish their IFQ. To achieve 
this objective, NMFS implemented requirements that individual holders 
of catcher vessel quota share be on board the vessel during all IFQ 
fishing to ensure that quota share to remain largely in the hands of 
active fishermen. This owner-onboard requirement was intended to 
promote stewardship by providing active fishermen with a vested 
interest in the long-term productivity of the sablefish and halibut 
resources. The Council and NMFS also intended for the owner-onboard 
requirement to provide entry level opportunities for new fishermen as 
initial quota share recipients transferred their quota share to new 
entrants and left the fishery.
    The Council intended for catcher vessel quota share to be held by 
owner-onboard operations. However, the Council and NMFS allowed initial 
quota share recipients to use a hired master--a person designated by 
the quota share holder to land their IFQ--in order to provide initial 
recipients of quota share with the flexibility to continue in the

[[Page 15325]]

business practices that they had had prior to the implementation of the 
IFQ Program and minimize disruption to existing business arrangements. 
Eligibility to use a hired master is tied to the quota share holder and 
not the quota share, so initial recipients could use a hired master on 
quota share that they acquired over time.
    The Council and NMFS have amended the hired master use provision 
several times since implementation of the IFQ Program to further 
restrict the use of hired masters and ensure that quota share holders 
remain vested participants in the IFQ fisheries. The most recent 
amendment further restricted the use of hired masters by prohibiting 
initial quota share recipients from using a hired master to harvest IFQ 
derived from catcher vessel quota share received by transfer after 
February 12, 2010 (79 FR 43679; July 28, 2014). The final rule to 
implement this restriction is a limited amendment to the IFQ Program 
that specifies which quota share yields IFQ that can be fished by a 
hired master instead of the quota share holder.
    The preamble to the final rule describes the need for further 
restrictions on the use of hired masters in the IFQ Program, and a 
brief summary is provided here. In February 2010, the Council received 
testimony that some quota share initial recipients were increasingly 
using hired masters rather than continuing to be personally on board 
their vessels when fishing with quota share. Increased use of hired 
masters was attributed to initial recipients purchasing increasing 
amounts of quota share, and the IFQ derived from that quota share was 
being fished by hired masters. The Council was concerned that initial 
recipients were consolidating quota share to be fished by hired masters 
and were reducing opportunities for new entrants to the fishery. The 
Council determined that the transition to a predominately owner-onboard 
fishery has been unreasonably delayed because the ability to hire a 
master applies to the quota share holder and not the quota share 
itself. This allowed initial recipients to hire masters to harvest IFQ 
derived not only from their initially issued quota share, but also IFQ 
derived from any quota share received by transfer after initial 
issuance. As a result, quota share had become consolidated among fewer 
initial recipients of quota share that use hired masters. Quota share 
are remaining in the hands of initial recipients who hire masters to 
fish the resulting IFQ instead of being transferred, which delays the 
progress toward the Program objective of an owner-onboard fishery and 
decreases opportunities for new entrants to the IFQ fishery.
    To address this problem, the Council recommended and NMFS 
implemented the final rule to prohibit the use of a hired master to 
fish IFQ sablefish and halibut derived from catcher vessel quota share 
received by transfer after February 12, 2010, with some exceptions 
described in the final rule (79 FR 43679; July 28, 2014). The Analysis 
provides additional detail on the need for the final rule and the 
anticipated impacts of the final rule on affected fishery participants.
    On November 16, 2016, the United States District Court, Western 
District of Washington found that NMFS did not properly assess the 
final rule in light of the National Standards in the Magnuson-Stevens 
Act. The United States District Court remanded the final rule to NMFS 
for further consideration of the National Standards in section 301(a) 
of the Magnuson-Stevens Act. NMFS completed this consideration after 
evaluating the information used to prepare the final rule, information 
presented to the United States District Court, and the best available 
information relevant to the impacts of the final rule. NMFS has 
determined that the final rule is consistent with the National 
Standards as required by the Magnuson-Stevens Act, subject to further 
consideration after public comment. The Analysis describes the factors 
NMFS considered in making this determination. NMFS requests public 
comment on the Analysis for consideration in its final determination of 
the consistency of the final rule with the Magnuson-Stevens Act 
National Standards.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: April 4, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-07251 Filed 4-9-18; 8:45 am]
 BILLING CODE 3510-22-P

15324 Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Rules and Regulations DEPARTMENT OF COMMERCE Administrator, Sustainable Fisheries harvest their annual catch limits as Division, Alaska Region NMFS, Attn: quickly as possible before the annual National Oceanic and Atmospheric Ellen Sebastian. Mail comments to P.O. limit was reached. A central objective of Administration Box 21668, Juneau, AK 99802. the IFQ Program was to support the Instructions: Comments sent by any social and economic character of the 50 CFR Part 679 other method, to any other address or fisheries and the coastal fishing RIN 0648–XF853 individual, or received after the end of communities where much of the the comment period, may not be fisheries activities are based. Notification of Availability and Request considered. All comments received are Under the IFQ Program, access to the for Public Comment on Analysis of a a part of the public record and will fixed gear sablefish and halibut fisheries Final Rule To Prohibit the Use of Hired generally be posted for public viewing is limited to those persons holding Masters for Sablefish Catcher Vessel on http://www.regulations.gov without quota share. NMFS issued separate Quota Shares Received by Transfer change. All personal identifying quota share for sablefish and halibut to After February 12, 2010 information (e.g., name, address) qualified applicants based on their confidential business information, or historical participation during a set of AGENCY: National Marine Fisheries otherwise sensitive information qualifying years in the sablefish and Service (NMFS), National Oceanic and voluntarily submitted by the commenter halibut fisheries. Quota share is an Atmospheric Administration (NOAA), will be publicly accessible. NMFS will exclusive, revocable privilege that Commerce. accept anonymous comments (enter allows the holder to harvest a specific ACTION: Notification of availability; N/A in the required fields, if you wish percentage of either the total allowable request for public comment. to remain anonymous). catch in the sablefish fishery or the FOR FURTHER INFORMATION CONTACT: annual commercial catch limit in the SUMMARY: NMFS prepared an analysis of halibut fishery. a final rule (Analysis) to prohibit the use Glenn Merrill, 907–586–7228. NMFS annually issues IFQ permits to of hired masters for sablefish catcher SUPPLEMENTARY INFORMATION: The IFQ each quota share holder based on their vessel quota shares received by transfer Program for the sablefish fishery is quota share holdings and the amount of after February 12, 2010, in response to implemented by the Fishery sablefish and halibut available for a November 16, 2016, order from the Management Plan for Groundfish of the harvest. An annual IFQ permit United States District Court, Western Bering Sea and Aleutian Islands authorizes the permit holder to harvest District of Washington (Fairweather Management Area (BSAI FMP), the a specified amount of the IFQ species in Fish, Inc. et al. vs. Pritzker et al., Case Fishery Management Plan for a regulatory area from a specific No. 3:14–cv–05685–BHS). The Analysis Groundfish of the Gulf of Alaska (GOA operation type and vessel category. IFQ describes the factors that NMFS FMP), and Federal regulations at 50 CFR is expressed in pounds and is based on considered in its determination that the part 679 under the authority of the the amount of quota share held in final rule is consistent with the Magnuson-Stevens Act (16 U.S.C. 1801 relation to the total quota share pool for Magnuson-Stevens Fishery et seq.). The Council recommended and each regulatory area with an assigned Conservation and Management Act NMFS approved the GOA FMP in 1978 catch limit. (Magnuson-Stevens Act) National and the BSAI FMP in 1982. Regulations The Council intended for the IFQ Standards, subject to further implementing the FMPs and general catcher vessel fleet to be composed consideration after public comment. regulations governing the IFQ Program primarily of quota share holders that NMFS requests public comment on the appear at 50 CFR part 679. actively participate in the fisheries by Analysis for consideration in its final The IFQ Program for the halibut being on the vessel used to fish their determination of the consistency of the fishery is implemented by Federal IFQ. To achieve this objective, NMFS final rule with the Magnuson-Stevens regulations at 50 CFR part 300, subpart implemented requirements that Act National Standards. E, and 50 CFR part 679 under the individual holders of catcher vessel DATES: Submit comments on or before authority of the Northern Pacific Halibut quota share be on board the vessel May 10, 2018. Act of 1982 (Halibut Act). Fishing for during all IFQ fishing to ensure that ADDRESSES: Pacific halibut is managed by the quota share to remain largely in the International Pacific Halibut hands of active fishermen. This owner- Availability of the Analysis Commission (IPHC) and the Council onboard requirement was intended to Internet: You may obtain a copy of the under the Halibut Act. Section 773(c) of promote stewardship by providing analysis at http://www.regulations.gov the Halibut Act authorizes the Council active fishermen with a vested interest or from the NMFS Alaska Region to develop regulations that are in in the long-term productivity of the website at http://www.alaskafisheries/ addition to, and not in conflict with, sablefish and halibut resources. The noaa.gov. approved IPHC regulations. Such Council and NMFS also intended for the Comment submission: You may Council-recommended regulations may owner-onboard requirement to provide submit comments on the analysis, be implemented by NMFS only after entry level opportunities for new identified by NOAA–NMFS–2017–0145, approval by the Secretary of Commerce. fishermen as initial quota share by any one of the following methods: NMFS implemented the IFQ Program recipients transferred their quota share • Electronic Submission: Submit all for the management of the fixed gear to new entrants and left the fishery. electronic public comments via the (hook-and-line and pot gear) sablefish The Council intended for catcher Federal e-Rulemaking portal. Go to and halibut fisheries off Alaska in 1995 vessel quota share to be held by owner- jstallworth on DSKBBY8HB2PROD with RULES www.regulations.gov/ (58 FR 59343; November 9, 1993). The onboard operations. However, the #!docketDetail;D=NOAA-NMFS-2017- Council and NMFS designed the IFQ Council and NMFS allowed initial quota 0145, click the ‘‘Comment Now!’’ icon, Program to allocate harvest privileges share recipients to use a hired master— complete the required fields, and enter among participants in the commercial a person designated by the quota share or attach your comments. sablefish and halibut fisheries to reduce holder to land their IFQ—in order to • Mail: Submit written comments to fishing capacity that had led to an provide initial recipients of quota share Glenn Merrill, Assistant Regional unsafe ‘‘race for fish’’ as vessels raced to with the flexibility to continue in the VerDate Sep<11>2014 14:31 Apr 09, 2018 Jkt 244001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\10APR1.SGM 10APR1

Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Rules and Regulations 15325 business practices that they had had of an owner-onboard fishery and DEPARTMENT OF COMMERCE prior to the implementation of the IFQ decreases opportunities for new entrants Program and minimize disruption to to the IFQ fishery. National Oceanic and Atmospheric existing business arrangements. Administration To address this problem, the Council Eligibility to use a hired master is tied recommended and NMFS implemented to the quota share holder and not the 50 CFR Part 679 the final rule to prohibit the use of a quota share, so initial recipients could use a hired master on quota share that hired master to fish IFQ sablefish and [Docket No. 170817779–8161–02] they acquired over time. halibut derived from catcher vessel quota share received by transfer after RIN 0648–XG161 The Council and NMFS have amended the hired master use provision February 12, 2010, with some Fisheries of the Exclusive Economic several times since implementation of exceptions described in the final rule Zone Off Alaska; Sablefish in the the IFQ Program to further restrict the (79 FR 43679; July 28, 2014). The Bering Sea Subarea of the Bering Sea use of hired masters and ensure that Analysis provides additional detail on and Aleutian Islands Management Area quota share holders remain vested the need for the final rule and the participants in the IFQ fisheries. The anticipated impacts of the final rule on AGENCY: National Marine Fisheries most recent amendment further affected fishery participants. Service (NMFS), National Oceanic and restricted the use of hired masters by Atmospheric Administration (NOAA), On November 16, 2016, the United prohibiting initial quota share recipients Commerce. States District Court, Western District of from using a hired master to harvest IFQ ACTION: Temporary rule; closure. derived from catcher vessel quota share Washington found that NMFS did not received by transfer after February 12, properly assess the final rule in light of SUMMARY: NMFS is prohibiting retention 2010 (79 FR 43679; July 28, 2014). The the National Standards in the of non-Community Development Quota final rule to implement this restriction Magnuson-Stevens Act. The United (CDQ) sablefish by vessels using trawl is a limited amendment to the IFQ States District Court remanded the final gear in the Bering Sea subarea of the Program that specifies which quota rule to NMFS for further consideration Bering Sea and Aleutian Islands share yields IFQ that can be fished by of the National Standards in section management area (BSAI). This action is a hired master instead of the quota share 301(a) of the Magnuson-Stevens Act. necessary because the 2018 non-CDQ holder. NMFS completed this consideration sablefish initial total allowable catch The preamble to the final rule after evaluating the information used to (ITAC) in the Bering Sea subarea of the describes the need for further prepare the final rule, information BSAI will be reached. restrictions on the use of hired masters presented to the United States District DATES: Effective 1200 hrs, Alaska local in the IFQ Program, and a brief Court, and the best available time (A.l.t.), April 5, 2018, through 2400 summary is provided here. In February information relevant to the impacts of hrs, A.l.t., December 31, 2018. 2010, the Council received testimony the final rule. NMFS has determined FOR FURTHER INFORMATION CONTACT: that some quota share initial recipients that the final rule is consistent with the Steve Whitney, 907–586–7228. were increasingly using hired masters National Standards as required by the rather than continuing to be personally SUPPLEMENTARY INFORMATION: NMFS Magnuson-Stevens Act, subject to manages the groundfish fishery in the on board their vessels when fishing with further consideration after public BSAI according to the Fishery quota share. Increased use of hired masters was attributed to initial comment. The Analysis describes the Management Plan for Groundfish of the recipients purchasing increasing factors NMFS considered in making this Bering Sea and Aleutian Islands amounts of quota share, and the IFQ determination. NMFS requests public Management Area (FMP) prepared by derived from that quota share was being comment on the Analysis for the North Pacific Fishery Management fished by hired masters. The Council consideration in its final determination Council under authority of the was concerned that initial recipients of the consistency of the final rule with Magnuson-Stevens Fishery were consolidating quota share to be the Magnuson-Stevens Act National Conservation and Management Act. fished by hired masters and were Standards. Regulations governing fishing by U.S. reducing opportunities for new entrants vessels in accordance with the FMP Authority: 16 U.S.C. 1801 et seq. to the fishery. The Council determined appear at subpart H of 50 CFR part 600 that the transition to a predominately Dated: April 4, 2018. and 50 CFR part 679. owner-onboard fishery has been Jennifer M. Wallace, The 2018 non-CDQ sablefish trawl unreasonably delayed because the Acting Director, Office of Sustainable ITAC in the Bering Sea subarea of the ability to hire a master applies to the Fisheries, National Marine Fisheries Service. BSAI is 622 metric tons (mt) as quota share holder and not the quota [FR Doc. 2018–07251 Filed 4–9–18; 8:45 am] established by the final 2018 and 2019 share itself. This allowed initial harvest specifications for groundfish in BILLING CODE 3510–22–P recipients to hire masters to harvest IFQ the BSAI (83 FR 8365, February 27, derived not only from their initially 2018). In accordance with issued quota share, but also IFQ derived § 679.20(d)(2), the Administrator, from any quota share received by Alaska Region, NMFS (Regional transfer after initial issuance. As a Administrator), has determined that the result, quota share had become 2018 non-CDQ sablefish trawl ITAC in jstallworth on DSKBBY8HB2PROD with RULES consolidated among fewer initial the Bering Sea subarea of the BSAI will recipients of quota share that use hired soon be reached. Therefore, NMFS is masters. Quota share are remaining in requiring that non-CDQ sablefish caught the hands of initial recipients who hire with vessels using trawl gear in the masters to fish the resulting IFQ instead Bering Sea subarea of the BSAI be of being transferred, which delays the treated as prohibited species in progress toward the Program objective accordance with § 679.21(b). VerDate Sep<11>2014 14:31 Apr 09, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\10APR1.SGM 10APR1


Document Created: 2018-04-09 23:51:48
Document Modified: 2018-04-09 23:51:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotification of availability; request for public comment.
DatesSubmit comments on or before May 10, 2018.
ContactGlenn Merrill, 907-586-7228.
FR Citation83 FR 15324 
RIN Number0648-XF85
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