83 FR 52760 - Fisheries of the Exclusive Economic Zone off Alaska; Pacific Halibut and Sablefish Individual Fishing Quota Program; Community Development Quota Program; Modifications to Recordkeeping and Reporting Requirements

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 202 (October 18, 2018)

Page Range		52760-52767
FR Document		2018-22687

NMFS issues a final rule that modifies regulations governing

Federal Register, Volume 83 Issue 202 (Thursday, October 18, 2018)

[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Rules and Regulations]
[Pages 52760-52767]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-22687]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Parts 300 and 679

[Docket No. 170626590-8785-02]

RIN 0648-BG94

Fisheries of the Exclusive Economic Zone off Alaska; Pacific

Halibut and Sablefish Individual Fishing Quota Program; Community

Development Quota Program; Modifications to Recordkeeping and Reporting

Requirements

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule that modifies regulations governing

the Halibut and Sablefish Individual Fishing Quota (IFQ) Program. This

rule includes three actions. The first action allows Western Alaska

Community Development Quota (CDQ) groups to lease (to receive by

transfer) halibut IFQ in IFQ regulatory areas 4B, 4C, and 4D in years

of extremely low halibut commercial catch limits. This action is

necessary to provide additional harvest opportunities to CDQ groups and

community residents, and provide IFQ holders with the opportunity to

receive value for their IFQ when the halibut commercial catch limits

may not be large enough to provide for an economically viable fishery

for IFQ holders. The second action removes an obsolete reference in the

IFQ Program regulations. The third action clarifies IFQ vessel use cap

regulations. This final rule is intended to promote the goals and

objectives of the Northern Pacific Halibut Act of 1982 (Halibut Act),

the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-

Stevens Act), the Fishery Management Plan (FMP) for Groundfish of the

Bering Sea and Aleutian Islands (BSAI) Management Area, and other

applicable laws.

DATES: This rule is effective on November 19, 2018.

ADDRESSES: Electronic copies of the Regulatory Impact Review (Analysis)

prepared for this action are available from http://www.regulations.gov

or from the NMFS Alaska Region website at http://alaskafisheries.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 by mail to NMFS, Alaska Region, P.O. Box

21668, Juneau, AK 99082-1668, Attn: Ellen Sebastian, Records Officer;

in person at NMFS, Alaska Region, 709 West 9th Street, Room 420A,

Juneau, AK; and by email to OIRA_Submission@omb.eop.gov or by fax to

(202) 395-5806.

FOR FURTHER INFORMATION CONTACT: Stephanie Warpinski, (907) 586-7228.

SUPPLEMENTARY INFORMATION:

Authority for Action

The International Pacific Halibut Commission (IPHC) and NMFS manage

fishing for Pacific halibut through regulations established under the

authority of the Halibut Act. The IPHC promulgates regulations

governing the halibut fishery under the Convention between the United

States and Canada for the Preservation of the Halibut Fishery of the

Northern Pacific Ocean and Bering Sea (Convention). The IPHC's

regulations are subject to approval by the Secretary of State with the

concurrence of the Secretary of Commerce (Secretary). NMFS publishes

the IPHC's regulations as annual management measures pursuant to 50 CFR

300.62.

The Halibut Act, at sections 773c(a) and (b), provides the

Secretary with general responsibility to carry out the Convention and

the Halibut Act. The Halibut Act, at section 773c(c), also provides the

North Pacific Fishery Management Council (Council) with authority to

develop regulations, including limited access regulations, that are in

addition to, and not in

[[Page 52761]]

conflict with, approved IPHC regulations. Regulations developed by the

Council may be implemented by NMFS only after approval by the

Secretary.

The Council developed the IFQ Program for the commercial halibut

and sablefish fisheries. The IFQ Program for the halibut fishery is

implemented by Federal regulations at 50 CFR part 679 under the

authority of section 773 of the Halibut Act. The IFQ Program for the

sablefish fishery is implemented by the BSAI FMP and Federal

regulations at 50 CFR part 679 under the authority of section 303(b) of

the Magnuson-Stevens Act.

Background

On February 23, 2018, NMFS published a proposed rule (83 FR 8028)

and invited public comment. The following summarizes the IFQ Program,

the CDQ Program, the need for this final rule, and the anticipated

effects of the final rule. Additional detail about the action is

provided in the preamble of the proposed rule and in the Analysis.

The IFQ Program

The IFQ Program for the management of the fixed gear (hook-and-line

and pot gear) halibut and sablefish fisheries off Alaska was

implemented by NMFS in 1995 (58 FR 59375, November 9, 1993). A central

objective of the IFQ Program is to support the social and economic

character of the fisheries and the coastal fishing communities where

many of these fisheries are based. A detailed description of the IFQ

Program can be found in the proposed rule for this action (83 FR 8028,

February 23, 2018) and the Analysis.

Under the IFQ Program, access to the fixed gear sablefish and

halibut fisheries is limited to those persons holding quota share (QS).

QS is an exclusive, revocable privilege that allows the holder to

harvest a specific percentage of either the total allowable catch (TAC)

in the sablefish fishery or the annual commercial catch limit in the

halibut fishery. QS is designated for specific geographic areas of

harvest, a specific vessel operation type (catcher vessel or catcher/

processor), and for a specific range of vessel sizes that may be used

to harvest the sablefish or halibut (vessel category).

This final rule uses the term ``Area'' to refer to a specific IFQ

regulatory area. The IFQ Program designates four vessel categories of

halibut QS: Category A shares designated for catcher/processors,

vessels that process their catch at sea, and do not have a vessel

length restriction; Category B shares designated for catcher vessels

greater than 60 feet length overall (LOA); Category C shares designated

for catcher vessels greater than 35 feet but less than or equal to 60

feet LOA; and Category D shares designated for catcher vessels less

than or equal to 35 feet LOA.

NMFS annually issues IFQ permits to each QS holder. 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. The Council and the public frequently use the terms

``IFQ lease'' or ``lease'' to refer to the transfer of IFQ without a

transfer of the underlying quota shares (QS). However, NMFS does not

generally use the term ``lease'' in its IFQ Program regulations

governing the transfer of IFQ. Therefore, for consistency with the

terminology used in the existing regulations and for clarity, this rule

uses the term ``transfer of IFQ.''

NMFS issues halibut IFQ consistent with the IPHC's regulatory

areas. NMFS' IFQ regulatory areas (Areas) are defined in 50 CFR part

679 and described in Figure 15 to part 679 and Section 1.3 of the

Analysis. The first action in this rule pertains to Areas 4B, 4C, 4D,

and 4E. Area 4B includes waters in the Central and Western Aleutian

Islands. Areas 4C, 4D, and 4E include waters north of the Aleutian

Islands, in the Bering Sea, and around the Pribilof Islands. The IPHC

considers Areas 4C, 4D, and 4E a single stock unit for assessment and

management purposes, and the combined Areas are referred to as Area

4CDE in this final rule.

The commercial catch limits for Areas 4B and 4CDE are allocated

between two distinct management programs, the CDQ Program and the IFQ

Program. Throughout the duration of the IFQ Program, the Area 4E

commercial catch limit has been exclusively allocated to the CDQ

Program; therefore, no Area 4E QS or IFQ is allocated.

Overall, the halibut IFQ commercial catch limits in Areas 4B and

4CDE have trended downward over the past 15 years (see Section 3.6.1 of

the Analysis). The Area 4B commercial catch limit has dropped

substantially from 2001 to 2015. In 2015, the Area 4B commercial catch

limit for IFQ was less than a quarter of what it was in 2001. The

combined commercial catch limit for IFQ in Areas 4C and 4D has seen

more fluctuation during this period, but has still experienced an

overall downward trend since 2007. In 2007, the combined commercial

catch limit for IFQ in Areas 4C and 4D was about 2.2 million pounds; in

2015, it was about 0.7 million pounds.

The CDQ Program

The CDQ Program was implemented in 1992, and in 1996, the Magnuson-

Stevens Act was amended to include provisions specific to the CDQ

Program. The purposes of the CDQ Program are (1) to provide eligible

western Alaska villages with the opportunity to participate and invest

in fisheries in the BSAI management area; (2) to support economic

development in western Alaska; (3) to alleviate poverty and provide

economic and social benefits for residents of western Alaska; and (4)

to achieve sustainable and diversified local economies in western

Alaska (16 U.S.C. 1855(i)(1)(A)).

The CDQ Program consists of six different non-profit managing

organizations (CDQ groups) representing different geographical regions

in Alaska. The CDQ Program receives annual allocations of TAC for a

variety of commercially valuable species in the BSAI groundfish, crab,

and halibut fisheries, which are in turn allocated among the CDQ

groups. Among the species CDQ groups are allocated for commercial

fishing, Pacific halibut is an important species for community resident

employment and income. NMFS allocates halibut to CDQ groups for

commercial fisheries in four Areas: 4B, 4C, 4D, and 4E (see Section

3.5.1 of the Analysis). See Section 3.5.2 of the Analysis for

additional detail on the history of the halibut CDQ fishery.

The resident halibut CDQ fleets and criteria for participation in

CDQ fisheries vary among the CDQ groups. The resident halibut CDQ

fleets are impacted by internal economic decisions made by the CDQ

groups and in the ways the CDQ groups choose to promote economic

development in their communities. Many of the small boat fishermen in

CDQ communities are dependent on the halibut fishery (Section 3.5.3 of

the Analysis).

Need for Action

The downward trend of halibut commercial catch limits in Areas 4B

and 4CDE over the past 15 years has been dramatic, with current limits

significantly lower than those of the recent past years. The recent

years of low halibut abundance and the resulting low commercial catch

limits in Areas 4B and 4CDE have made it increasingly difficult for

most CDQ groups to create a viable commercial halibut fishing

opportunity for their community residents.

Under current regulations, CDQ groups cannot receive by transfer

any IFQ derived from catcher vessel QS. Current regulations also

prohibit halibut

[[Page 52762]]

QS holders from transferring their IFQ separately from the underlying

QS except in very narrow, specific situations (see Section 3.7 of the

Analysis for more information).

To address these problems, this final rule creates a voluntary

option for IFQ holders in Areas 4B, 4C, or 4D to temporarily transfer

their halibut IFQ to a CDQ group in years of extremely low halibut

abundance. This flexibility allows CDQ groups to expand the fishing

opportunities for the small boat fleets operating out of the CDQ

group's communities and provides IFQ holders with the opportunity to

receive value for their IFQ when extremely low halibut commercial catch

limits may not be large enough to provide for an economically viable

fishery for IFQ holders.

This Final Rule and the Anticipated Effects

This final rule includes three actions. The primary action, Action

1, creates a voluntary option for an IFQ holder to temporarily transfer

his or her halibut IFQ to a CDQ group in years of extremely low halibut

abundance. Actions 2 and 3 make minor regulatory adjustments to remove

an obsolete reference in the IFQ Program regulations and to clarify IFQ

vessel use cap regulations, respectively. The following paragraphs

provide additional detail on the actions.

Action 1

This final rule (1) defines the halibut commercial catch limits

under which CDQ groups may receive IFQ by transfer, (2) establishes

limits on the types and amounts of IFQ that can be transferred, and (3)

establishes reporting requirements for CDQ groups receiving IFQ by

transfer. This final rule does not convert transferred IFQ to CDQ.

Allocations of halibut CDQ will not change under this final rule.

Under this final rule, CDQ groups may receive transfers of halibut

catcher vessel IFQ (Categories B, C, and D IFQ) in Areas 4C and 4D when

the halibut annual commercial catch limit is less than 1.5 million

pounds in Area 4CDE. CDQ groups may receive transfers of halibut

catcher vessel IFQ (Categories B, C, and D IFQ) in Area 4B when the

annual halibut commercial catch limit is less than 1 million pounds in

Area 4B. IFQ holders may transfer both blocked and unblocked IFQ to CDQ

groups. This final rule does not revise current regulations that

authorize an IFQ holder in Areas 4B, 4C and 4D to transfer his or her

Category A halibut IFQ to any qualified person, including a CDQ group.

However, as explained later, this rule provides additional harvesting

flexibility for Category A halibut IFQ transferred to a CDQ group in

years of extremely low halibut abundance.

The Council recommended and NMFS is implementing these thresholds

based on an analysis of commercial catch limits between 2008 and 2017,

a period of time representing a range of different halibut commercial

catch limits and decreasing opportunities for CDQ community fishermen.

The Council considered a range of different commercial catch limit

thresholds for both Areas 4B and 4CDE before selecting these

thresholds. The preamble to the proposed rule provides additional

information on the factors considered by the Council and NMFS (83 FR

8028, March 26, 2018).

These thresholds are intended to balance the goal of providing

additional halibut fishing opportunities for CDQ residents when the

halibut CDQ allocation alone may not be large enough to sustain small

vessel resident fisheries, with the need to avoid potential adverse

distributional impacts on other halibut IFQ users that could result if

IFQ transfers were permitted without restrictions. These thresholds

provide the flexibility to transfer halibut IFQ in Areas 4B, 4C, and 4D

only during worst case scenarios for halibut commercial catch limits in

these areas (Section 2.3 of the Analysis). For Area 4CDE, the Council

determined and NMFS agrees that a halibut commercial catch limit below

1.5 million pounds reflects a worst case scenario for Area 4CDE as it

represents an extremely low commercial catch limit for these areas. For

Area 4B, the Council determined and NMFS agrees that a halibut

commercial catch limit below 1 million pounds, which has not been

experienced during the last 10 years, reflects a worst case scenario

for Area 4B as it represents an extremely low commercial catch limit

for this area.

This final rule establishes several limits on the catcher vessel

IFQ that can be transferred while providing some flexibility with

transferred catcher vessel and catcher/processor IFQ. The rationale for

the limits can be found in Section 2.2 of the Analysis and in the

preamble to the proposed rule (83 FR 8028, March 26, 2018). The limits

are: (1) A CDQ group will be able to receive catcher vessel IFQ by

transfer only for an area in which it also holds halibut CDQ; (2) no

vessel greater than 51 feet length overall (LOA) may be used to harvest

catcher vessel IFQ transferred to a CDQ group; (3) catcher vessel IFQ

resulting from QS acquired after December 14, 2015, may not be

transferred to a CDQ group until 3 years after the QS was acquired

(i.e., a cooling off period); (4) an IFQ holder will not be allowed to

transfer catcher vessel halibut IFQ to a CDQ group for more than 2

consecutive years; and (5) in Area 4B, only those QS holders who hold

fewer than 76,355 QS units specified for Area 4B will be allowed to

transfer their catcher vessel IFQ to CDQ groups.

The first limit prevents a CDQ group from receiving catcher vessel

halibut IFQ by transfer for an area in which that CDQ group does not

hold halibut CDQ. The Council recommended and NMFS is implementing this

limit so that any catcher vessel IFQ transferred to a CDQ group is

available for use in conjunction with halibut CDQ that is issued to a

CDQ group.

Additionally, under this final rule at Sec. 679.42(a)(1)(iii), a

CDQ group that is eligible to receive a transfer of Area 4D catcher

vessel IFQ will be able to harvest that IFQ, and any Category A IFQ it

holds, in Area 4E (Section 3.5.2 of the Analysis). This flexibility is

consistent with section 12(8) of the IPHC annual management measures

(83 FR 10390, March 9, 2018), which allows Area 4D halibut CDQ to be

harvested in Area 4E.

The second limit prohibits the use of vessels greater than 51 feet

LOA to harvest catcher vessel IFQ that is transferred to a CDQ group.

The Council recommended and NMFS is implementing this vessel size limit

because this is the largest size vessel owned by CDQ community

residents that has landed halibut CDQ during the past 10 years, 2008

through 2017 (Section 3.5.3 of the Analysis). Current regulations

provide sufficient flexibility to allow IFQ that could be transferred

to a CDQ group under this final rule to be fished on a vessel of any

length up to 51 feet LOA (see Section 2.4 of the Analysis).

This final rule clarifies that any Area 4D Category A IFQ that is

held by a CDQ group or transferred to a CDQ group may be fished in Area

4E by vessels less than or equal to 51 feet LOA when the commercial

catch limit threshold in Area 4CDE is triggered. This final rule does

not revise current regulations that authorize Category A IFQ for Areas

4B, 4C, or 4D to be fished in the corresponding area on a vessel of any

length.

Under the third limit, IFQ resulting from QS acquired after

December 14, 2015, may not be transferred to a CDQ group until 3 years

after the QS was acquired (i.e., the date NMFS approved the transfer).

This provision effectively creates a ``cooling off'' period. The

Council recommended and NMFS is

[[Page 52763]]

implementing this cooling off period to reduce the incentive for

individuals to acquire QS with the intention of transferring the

resulting IFQ to CDQ groups rather than fishing the IFQ.

The fourth limit prohibits an IFQ holder from transferring catcher

vessel halibut IFQ for a specific IFQ regulatory area to a CDQ group

for more than two consecutive years. This two-year limit applies to

calendar years and only to years in which the commercial catch limit is

below the threshold. Additionally, this limit applies to the transfer

of any halibut IFQ for a specific area. If an IFQ holder chooses to

transfer some but not all of his or her IFQ for a particular area

during a year when the annual commercial catch limit for that area is

set below the threshold, that transfer will count towards the two-year

limit. Transfers of IFQ for one area will not affect the ability to

transfer IFQ for another area. This final rule limits the potential for

an IFQ holder to continuously transfer IFQ to CDQ groups rather than

fishing that IFQ or transferring the underlying QS to other new

entrants in the fishery.

Under the fifth limit, only catcher vessel QS holders that hold

fewer than 76,355 QS units specified for Area 4B may transfer their

catcher vessel IFQ to CDQ groups. NMFS will consider all categories of

Area 4B QS holdings regardless of blocked or unblocked status. This

limit ensures that persons holding larger amounts of QS units continue

to be active fishermen in the Area 4B halibut fishery while providing

an opportunity for persons holding smaller amounts of QS units to

transfer catcher vessel IFQ to CDQ groups if the 1 million pound

commercial catch limit threshold to allow IFQ transfers is met. As

described in the proposed rule (83 FR 8028, March 26, 2018), this

limitation applies only for Area 4B to accommodate the specific nature

of IFQ operations in the remote Aleutian Island communities in Area 4B.

This final rule establishes a reporting requirement for CDQ groups

that receive IFQ by transfer. The report is required only for those

years in which CDQ groups received IFQ by transfer. CDQ groups that

receive IFQ by transfer will be required to report the annual amount

and vessel category of Area 4 halibut IFQ transferred to the CDQ group,

the criteria used to select IFQ holders to transfer Area 4 halibut IFQ

to the CDQ group, and the criteria used to determine the person(s)

eligible to fish Area 4 halibut IFQ received by transfer. This report

will allow the Council, NMFS, and the public to monitor the use of IFQ

transferred to CDQ groups and provide the Council with information to

determine whether the use of transferred IFQ is consistent with its

intent for the action. This final rule requires the report to be

submitted to NMFS and the Council no later than January 31 of the year

after the IFQ was transferred to the CDQ group. This deadline is

consistent with other reports required under the IFQ Program and

ensures that NMFS and the Council have received the report prior to the

issuance of IFQ, which typically occurs in mid-February. If a CDQ group

is required to submit a report and does not do so by the deadline, the

CDQ group will be ineligible to receive transfers of catcher vessel IFQ

until the report is submitted.

Under this final rule, a CDQ group that wants to receive halibut

IFQ by transfer will make an arrangement with an IFQ holder to transfer

his or her IFQ. The CDQ group must complete an Application for

Temporary Transfer of Halibut and Sablefish IFQ and submit the

application to NMFS for approval. Once approved, NMFS will issue the

CDQ group an IFQ permit with the pounds of halibut IFQ that will be

available to be fished. After determining who will fish the halibut

IFQ, the CDQ group with the IFQ permit must apply to NMFS for a hired

master permit for the vessel operator designated to fish the halibut

IFQ. Current regulations authorize a vessel operator to harvest halibut

IFQ and CDQ on the same fishing trip. A vessel operator harvesting both

halibut CDQ and IFQ transferred to a CDQ group is required to carry (1)

a halibut CDQ permit, (2) a CDQ hired master permit, (3) a copy of the

IFQ permit of the CDQ group, and (4) an IFQ hired master permit.

Additionally, any vessels fishing halibut IFQ transferred to a CDQ

group will be subject to the current IFQ vessel use caps under Sec.

679.42(h)(1). If a vessel harvests both halibut IFQ and CDQ, only the

halibut IFQ accrues towards, and is subject to, the vessel use cap.

Halibut that is landed by a vessel operator harvesting CDQ and IFQ

will be debited off two separate catch limits. Therefore, for purposes

of catch accounting, participants are required to track what amount of

halibut harvest is associated with the group's CDQ and what amount is

associated with the IFQ permit held by the CDQ group. This distinction

must be recorded on the fish ticket (Section 3.8.11.3 of the Analysis).

NMFS updated the database that monitors transfers of IFQ between permit

holders and that is used to issue hired master permits to allow for

this new type of transfer (see Section 3.8.11.4 of the Analysis).

Under this final rule, CDQ groups are responsible for cost recovery

fees based on the amount of IFQ pounds held on the IFQ permit. Section

304(d)(2)(A) of the Magnuson-Stevens Act obligates NMFS to recover the

actual costs of management, data collection, and enforcement (direct

program cost) of the IFQ fisheries. Therefore, NMFS implemented a cost

recovery fee program for the IFQ fisheries in 2000 (65 FR 14919, March

20, 2000). While costs specific to the CDQ Program for halibut are

recoverable through a separate cost recovery program (81 FR 150,

January 5, 2016), this final rule requires regulatory changes to the

IFQ transfer and hired master use provisions and therefore constitutes

a change in management of the IFQ Program. CDQ group participants

receiving IFQ transfers will be required to pay an IFQ cost recovery

fee as a portion of the ex-vessel value of their landed halibut.

Section 8(2) of the IPHC annual management measures (83 FR 10390,

March 9, 2018) authorizes a vessel operator harvesting halibut CDQ in

Areas 4D or 4E to retain halibut that are less than the size limit

established by the IPHC for personal use. Under the status quo, a

vessel operator harvesting halibut IFQ held by a CDQ group along with

halibut CDQ may retain halibut less than legal size for personal use.

Vessel operators harvesting both halibut CDQ and halibut IFQ

transferred to a CDQ group in Areas 4D or 4E may retain halibut smaller

in length than the size limit established by the IPHC for personal use

as specified in section 8 of the IPHC annual management measures. The

personal use allotment applies to all halibut IFQ transferred to a CDQ

group under this exemption. Section 8(3) of the IPHC annual management

measures requires a CDQ group to report on all retained halibut for

personal use that are smaller than legal size and harvested on behalf

of a CDQ group.

This final rule modifies the definition of ``annual commercial

catch limit'' at 50 CFR 300.61 to include definitions for Areas 3B and

4A, and for Areas 4B, 4C, 4D, and 4E.

This final rule modifies Sec. 679.41 to allow transfer of halibut

IFQ in Areas 4B, 4C, and 4D in years of low halibut commercial catch

limits in Areas 4B and 4CDE to CDQ groups along with the specific

conditions under which this transfer activity may occur.

This final rule adds a reporting requirement under Sec.

679.5(l)(10) to require a CDQ group to submit a report to NMFS and the

Council on the criteria it used to select IFQ holders from whom IFQ

transfers were received, the criteria it used to determine the persons

who

[[Page 52764]]

could harvest transferred IFQ, and the amount and type of IFQ

transferred.

This final rule adds a provision under Sec. 679.42 to allow Area

4D IFQ that is transferred to a CDQ group to be harvested in Area 4E.

Anticipated Effects of Action 1

The preamble to the proposed rule describes the anticipated effects

of Action 1 on CDQ groups, CDQ residents, IFQ holders, and halibut QS

holders (83 FR 8028, March 26, 2018).

Overall, this final rule provides IFQ holders and CDQ groups with

an opportunity to alleviate the adverse economic, social, and cultural

impacts of extremely low levels of commercial halibut catch limits on

Western Alaskan communities. This final rule could also provide

distributional benefits to some processing plants, secondary service

providers, and communities as a whole. This final rule could benefit

halibut QS holders in Areas 4B, 4C, and 4D by permitting them to

transfer their Area 4B, 4C, and 4D halibut IFQ in years of extremely

low commercial catch limits. This final rule could also result in some

consolidation of the number of IFQ trips, and could affect the

decisions of QS holders to transfer their QS if they have the ability

to transfer their IFQ to CDQ groups. The preamble of the proposed rule

(83 FR 8028, March 26, 2018) and Section 3.8 of the Analysis have

additional details on the anticipated effects of Action 1.

Action 2

This final rule removes an obsolete reference in Sec.

679.42(a)(2)(i). Currently, this regulation provides an exception to a

prohibition at Sec. 679.42(a)(2). However, the exception refers to

Sec. 679.42(k), which was modified in 2008 by the final rule to revise

regulations governing the use of commercial halibut QS and the

processing of non-IFQ species when processed halibut is on board a

vessel (73 FR 8822; February 15, 2008). That final rule removed

paragraph (k) and re-designated Sec. 679.42(l) as paragraph (k). NMFS

inadvertently neglected to remove the cross-reference to paragraph (k)

in Sec. 679.42(a)(2)(i). Therefore, with this final rule, NMFS removes

the cross-reference to paragraph (k) to clarify that persons possessing

unused Category B, C, or D halibut QS may be on board a catcher/

processor vessel when that vessel is harvesting and processing Category

A halibut or sablefish IFQ, or is harvesting and processing non-IFQ

species. The effects of this action are expected to be minor and

beneficial by improving the clarity of the regulations.

Action 3

This final rule clarifies existing regulations pertaining to the

IFQ vessel limitations, also referred to as the vessel use caps. NMFS

adds language to Sec. 679.42(h)(1) and (h)(2) to clarify that the

vessel use caps apply to halibut and sablefish IFQ and not to halibut

and sablefish CDQ. This action improves the clarity of the regulations

and helps IFQ and CDQ participants understand the regulations to which

they are subject. The effects of this action are expected to be minor

and beneficial by improving the clarity of the regulations.

Comments and Responses

NMFS received 4 comment letters on the proposed rule. One of the

comment letters was outside the scope of this action. NMFS has

summarized and responded to the six unique comments in the remaining

three comment letters.

Comment 1: There should not be a transfer of halibut IFQ during

years of low abundance unless they give back to others during years of

high abundance. They harvest so much that they caused the low

abundance.

Response: NMFS disagrees. Based on the best available scientific

information from the IPHC, halibut is not considered to be subject to

overfishing as that term is defined by the IPHC (Section 3.6.1 of

Analysis). As described in Section 3.6.1 of the Analysis, annual catch

limits are set in a precautionary manner to achieve optimum yield on a

continuing basis. As described in the proposed rule and Section 3.6.1

of the Analysis, this final rule does not increase the overall amount

of halibut in Areas 4B or 4CDE that is authorized to be harvested on an

annual basis. The final rule establishes a voluntary program that

provides participants with an opportunity to utilize available catch to

mutual benefit during times of low abundance and does not require QS

holders to transfer IFQ to CDQ groups during times of low abundance or

require CDQ groups to transfer IFQ back to QS holders during times of

high abundance.

Comment 2: This rule allows leasing quota when the fish populations

are low and it would increase the chance of overfishing the halibut

stock.

Response: Annual halibut commercial catch limits are adjusted

downward with decreasing abundance to protect the stock and prevent

overfishing. This final rule does not change the process of allocating

halibut among Areas or the process of establishing halibut commercial

catch limits, nor will this final rule change specific management

measures that govern the harvest of halibut in Areas 4B and 4CDE, such

as fishing location, timing, effort, or authorized gear types. Section

3.6.1 of the Analysis describes the current status of the halibut stock

which is not overfished or subject to overfishing. This final rule

creates an exception to allow CDQ groups to receive IFQ by transfer,

within the established annual catch limits, in years of low abundance.

Therefore, this final rule will not increase the chance of overfishing

of the halibut stock.

Comment 3: It is worth pausing to remember how bad the old days

were, prior to implementation of the IFQ program. In order to catch as

much of the TAC as possible, the industry did not pay attention to the

environmental impact of its operations, worker safety, and excessive

bycatch. NOAA is right to continue to refine this outstanding program.

The proposed rule to allow transfers of IFQ to CDQ groups is well-

written and prevents abuse of the program by ``mailbox-fishermen'' and

favors the coastal communities.

Response: NMFS acknowledges this comment.

Comment 4: If the halibut stock is low enough to trigger this

flexibility, expanding flexibility will further aggravate the problem

of an overfished stock. When the stock is low, then everyone should

suffer, both CDQ fishermen and IFQ fishermen, in order for the stock to

regenerate.

Response: NMFS disagrees. Annual halibut commercial catch limits

are set with precaution and adjusted downward in times of low abundance

to avoid overfishing. The flexibility provided by this final rule will

not create an overfished condition or contribute to overfishing. This

final rule does not modify the methods for apportioning halibut catch

limits between the CDQ and IFQ Programs. As halibut catch limits

increase or decrease based on halibut abundance, participants in the

CDQ and IFQ Programs are not affected any differently under this final

rule than under current regulations. If the catch limit threshold is

low enough to trigger the ability for QS holders to transfer their IFQ

to CDQ groups, then QS holders and CDQ groups benefit from a voluntary

market transaction. Disapproving this rule would not increase halibut

abundance. Section 3.8 of the Analysis provides additional detail on

the anticipated effects of this final rule.

Comment 5: NMFS should consider setting lease terms for this

exception because if the cost of the lease is too high, the benefits of

the proposed rule would be blunted.

Response: The Council and NMFS did not want to be involved in

setting lease

[[Page 52765]]

terms, similar to other transfer exceptions in the IFQ Program. The IFQ

Program relies on market-based values and NMFS anticipates that IFQ and

CDQ participants would come to a private agreement in this voluntary

exception. In Section 3.8.7 of the Analysis, NMFS describes the impact

that the transfer of IFQ (i.e., leasing) could have on QS markets. As

described in the preamble of this final rule, there are several

limitations on the transfer of IFQ. These limitations are intended, in

part, to maintain current fishing business practices and to limit

potential adverse impacts on a range of participants in the CDQ and IFQ

Programs. This final rule does not establish additional requirements on

the specific agreements between QS holders and CDQ groups when

transferring IFQ because the limitations established by this final rule

sufficiently constrain the amount of IFQ, the vessel category of IFQ,

and the specific halibut catch limits conditions in Areas 4B and 4CDE

IFQ that may be transferred.

Comment 6: NMFS should terminate the policy to allow unused quota

to carry over to the next season and instead allow unused quota to

carry over to the next season only for the purposes of leasing it to

CDQ groups.

Response: This final rule does not modify existing regulations that

allow a QS holder's annual IFQ allocation to be adjusted to cover

under- or over-harvest from the previous year (see regulations at Sec.

679.40(d) and (e)). The Council focused on alternatives that would

allow transfer of IFQ to CDQ groups within the year of low halibut

commercial catch limits, rather than adjusting over/under harvest rules

that would apply to the following year when the halibut commercial

catch limits may not be under the thresholds, as a more direct method

of addressing the issue.

OMB Revisions to PRA References in 15 CFR 902.1(b)

Section 3507(c)(B)(i) of the Paperwork Reduction Act (PRA) requires

that agencies inventory and display a current control number assigned

by the Director of the Office of Management and Budget (OMB), for each

agency's information collection. Section 902.1(b) identifies the

location of NOAA regulations for which OMB approval numbers have been

issued. Because this final rule adds a new collection-of-information

for recordkeeping and reporting requirements, 15 CFR 902.1(b) is

revised to reference correctly the section resulting from this final

rule.

Changes From the Proposed Rule

NMFS makes two minor changes to the proposed regulatory text in

this final rule. First, Sec. 679.5(l)(10) is changed to include the

words ``and the Council.'' New regulations at Sec. 679.5(w) require a

CDQ group to submit a report to both NMFS and the Council. Adding this

language to Sec. 679.5(l)(10) creates consistency between these

sections. Second, NMFS changes ``halibut IFQ'' to ``IFQ halibut'' in

Sec. 679.42(h)(1) and ``sablefish IFQ'' to ``IFQ sablefish'' in Sec.

679.42(h)(2). The proposed changes were intended to refer to the type

of fish (IFQ halibut and IFQ sablefish defined at Sec. 679.2) that

will count towards the vessel limits prescribed by these paragraphs

rather than the type of fishing rights (halibut IFQ and sablefish IFQ).

Classification

The NMFS Alaska Region Administrator determined that this final

rule is necessary for the conservation and management of the IFQ

halibut fishery off Alaska and that it is consistent with the Magnuson-

Stevens Fishery Conservation and Management Act, the Halibut Act, and

other applicable laws.

Regulations governing the U.S. fisheries for Pacific halibut are

developed by the IPHC, the Pacific Fishery Management Council, the

Council, and the Secretary of Commerce. Section 5 of the Northern

Pacific Halibut Act of 1982 (Halibut Act, 16 U.S.C. 773c) allows the

Regional Council having authority for a particular geographical area to

develop regulations governing the allocation and catch of halibut in

U.S. Convention waters as long as those regulations are in addition to,

and not in conflict with, IPHC regulations. This final rule is

consistent with the Council's authority to allocate halibut catches

among fishery participants in the waters in and off Alaska.

This final rule has been determined to be not significant for the

purposes of Executive Order 12866.

The Chief Counsel for Regulation of the Department of Commerce

certified to the Chief Counsel for Advocacy of the Small Business

Administration during the proposed rule stage that this action would

not have a significant economic impact on a substantial number of small

entities. The factual basis for the certification was published in the

proposed rule and is not repeated here. No comments were received

regarding this certification or on the economic impacts of the rule

more generally. As a result, a regulatory flexibility analysis was not

required, and none was prepared, pursuant to 5 U.S.C. 605.

Collection-of-Information Requirements

This final rule contains collection-of-information requirements

subject to the PRA, which have been approved by OMB under OMB control

number 0648-0764. After this final rule's effective date, OMB Control

Number 0648-0764 will be merged with OMB Control Numbers 0648-0272 and

0648-0711.

Public reporting burden is estimated to average per response: 2

hours for Application for Temporary Transfer of Halibut and Sablefish

IFQ, 40 hours for the annual report, and 1 minute for electronic

submission of cost recovery fees or 30 minutes for non-electronic fee

submission. These estimates include the time for reviewing

instructions, searching existing data sources, gathering and

maintaining the data needed, and completing and reviewing the

collection of information.

Send comments regarding these burden estimates or any other aspect

of this data collection, including suggestions for reducing the burden,

to NMFS (see ADDRESSES), and by email to OIRA_Submission@omb.eop.gov,

or fax to (202) 395-5806.

Notwithstanding any other provision of the law, no person is

required to respond to, nor shall any person be subject to penalty for

failure to comply with, a collection of information subject to the

requirement of the PRA, unless that collection of information displays

a currently valid OMB control number. All currently approved NOAA

collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects

15 CFR Part 902

Reporting and recordkeeping requirements.

50 CFR Part 300

Administrative practice and procedure, Fisheries, Fishing,

Reporting and recordkeeping requirements.

50 CFR Part 679

Alaska, Fisheries, Reporting and recordkeeping requirements.

Dated: October 12, 2018.

Samuel D. Rauch III,

Deputy Assistant Administrator for Regulatory Programs, National Marine

Fisheries Service.

For the reasons set out in the preamble, NMFS amends 15 CFR part

902 and 50 CFR parts 300 and 679 as follows:

[[Page 52766]]

Title 15--Commerce and Foreign Trade

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE

PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

1. The authority citation for part 902 continues to read as follows:

Authority: 44 U.S.C. 3501 et seq.

2. In Sec. [thinsp]902.1, in the table in paragraph (b), under the

entry ``50 CFR'', add an entry in alphanumeric order for ``679.5(w)''

to read as follows:

Sec. [thinsp]902.1 OMB control numbers assigned pursuant to the

Paperwork Reduction Act.

* * * * *

(b) * * *

------------------------------------------------------------------------

Current OMB control No.

CFR part or section where the information (all numbers begin with

collection requirement is located 0648-)

------------------------------------------------------------------------

* * * * *

50 CFR:

* * * * *

679.5(w)..................................... -0272

* * * * *

------------------------------------------------------------------------

* * * * *

Title 50--Wildlife and Fisheries

PART 300--INTERNATIONAL FISHERIES REGULATIONS

3. The authority for 50 CFR part 300, subpart E, continues to read as

follows:

Authority: 16 U.S.C. 773-773k.

4. In Sec. 300.61, revise the definition of ``Annual commercial catch

limit'' to read as follows:

Sec. 300.61 Definitions.

* * * * *

Annual commercial catch limit, for purposes of commercial fishing

in:

(1) Commission regulatory areas 2C and 3A, means the annual

commercial allocation minus an area-specific estimate of commercial

halibut wastage.

(2) Commission regulatory areas 3B and 4A, means the annual total

allowable halibut removals by persons fishing IFQ.

(3) Commission regulatory areas 4B, 4C, 4D, and 4E, means the

annual total allowable halibut removals by persons fishing IFQ and CDQ.

* * * * *

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

5. The authority citation for 50 CFR part 679 continues to read as

follows:

Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;

Pub. L. 108-447; Pub. L. 111-281.

6. In Sec. 679.5, add paragraphs (l)(10) and (w) to read as follows:

Sec. 679.5 Recordkeeping and reporting.

* * * * *

(l) * * *

(10) A report on annual IFQ regulatory areas 4B, 4C, and 4D Halibut

IFQ transfer activities must be submitted to NMFS and the Council by a

CDQ group as required at Sec. 679.5(w).

* * * * *

(w) Report on Area 4 halibut IFQ transfers to CDQ groups--(1)

Applicability. A CDQ group that receives IFQ regulatory area 4 halibut

IFQ by transfer must submit a timely and complete report on the CDQ

group's annual halibut IFQ transfer activities for each calendar year

that it receives IFQ regulatory area 4 halibut IFQ by transfer. A CDQ

group is not required to submit a report for any calendar year in which

it did not receive any IFQ regulatory area 4 halibut IFQ by transfer.

(2) Time limits and submittal. A CDQ group must submit a complete

report by January 31 of the year following a fishing year during which

the CDQ group receives IFQ regulatory area 4B, 4C, or 4D halibut IFQ by

transfer. The complete report must be submitted to the North Pacific

Fishery Management Council, 605 West 4th Ave., Suite 306, Anchorage, AK

99501-2252, and to NMFS-Alaska Regional Administrator, P.O. Box 21668,

Juneau, AK, 99802-1668.

(3) Complete report. A complete report contains all report

requirements described in paragraphs (w)(4)(i) through (w)(4)(iii) of

this section.

(4) Report requirements. A CDQ group must report the following

information:

(i) The annual amount, IFQ regulatory area, and vessel category of

IFQ regulatory area 4B, 4C, and 4D halibut IFQ transferred to the CDQ

group;

(ii) The criteria used to select IFQ holders to transfer IFQ

regulatory area 4B, 4C, and 4D halibut IFQ to the CDQ group; and

(iii) The criteria used to determine the person(s) eligible to

harvest IFQ regulatory area 4B, 4C, and 4D halibut IFQ received by

transfer.

7. In Sec. 679.41,

a. Add paragraph (c)(13);

b. Revise paragraphs (d)(1), (g)(1), and (h)(2); and

c. Add paragraph (o).

The additions and revisions read as follows:

Sec. 679.41 Transfer of quota shares and IFQ.

* * * * *

(13) If the person applying to receive halibut IFQ assigned to

vessel categories B, C, or D in IFQ regulatory areas 4B, 4C, or 4D is a

CDQ group, the following determinations are required:

(i) The CDQ group applying to receive halibut IFQ for an IFQ

regulatory area receives an annual allocation of halibut CDQ for that

IFQ regulatory area pursuant to Sec. 679.31(b)(1);

(ii) The QS holder applying to transfer halibut IFQ to a CDQ group

has not transferred any halibut IFQ assigned to vessel categories B, C,

or D for that IFQ regulatory area to a CDQ group during the last two

consecutive fishing years;

(iii) If the IFQ to be transferred to a CDQ group results from QS

that was transferred to the QS holder after December 14, 2015, the QS

holder applying to transfer halibut IFQ to a CDQ group has held the

underlying QS for that IFQ for a minimum of 3 years from the date NMFS

approved the transfer;

(iv) If the IFQ to be transferred to a CDQ group is assigned to

vessel categories B, C, or D in IFQ regulatory area 4B, the QS holder

applying to transfer that halibut IFQ to a CDQ group holds fewer than

76,355 halibut QS units in IFQ regulatory area 4B; and

(v) The CDQ group applying to receive halibut IFQ has submitted a

complete report if required to do so by Sec. 679.5(w).

(d) * * *

(1) Application for Eligibility. All persons, except as provided in

paragraphs (d)(1)(i) and (d)(1)(ii) of this section, applying to

receive QS or IFQ must submit an Application for Eligibility to Receive

QS/IFQ (Application for Eligibility) containing accurate information to

the Regional Administrator. The Regional Administrator will not approve

a transfer of IFQ or QS to a person until the Application for

Eligibility for that person is approved by the Regional Administrator.

The Regional Administrator shall provide an Application for Eligibility

form to any person on request.

(i) An Application for Eligibility is not required for a CQE if a

complete application to become a CQE, as described in paragraph (l)(3)

of this section, has been approved by the Regional Administrator on

behalf of an eligible community.

[[Page 52767]]

(ii) An Application for Eligibility is not required for a CDQ

group.

* * * * *

(g) * * *

(1) Except as provided in paragraph (f), paragraph (g)(2),

paragraph (l), paragraph (n) or paragraph (o) of this section, only

persons who are IFQ crew members, or who were initially issued QS

assigned to vessel categories B, C, or D, and meet the eligibility

requirements in this section, may receive by transfer QS assigned to

vessel categories B, C, or D, or the IFQ resulting from it.

* * * * *

(h) * * *

(2) IFQ resulting from categories B, C, or D QS may not be

transferred separately from its originating QS, except as provided in

paragraph (d), paragraph (f), paragraph (k), paragraph (l), paragraph

(m), or paragraph (o) of this section.

* * * * *

(o) Transfer of IFQ to CDQ groups. (1) A QS holder who holds fewer

than 76,355 units of halibut QS in IFQ regulatory area 4B may transfer

halibut IFQ assigned to vessel categories B, C, or D in IFQ regulatory

area 4B to a CDQ group that receives an allocation of IFQ regulatory

area 4B halibut CDQ if the annual commercial halibut catch limit, as

defined in Sec. 300.61 of this title, for Area 4B is less than 1

million pounds in that calendar year.

(2) A QS holder in IFQ regulatory areas 4C or 4D may transfer

halibut IFQ assigned to vessel categories B, C, or D in IFQ regulatory

areas 4C or 4D to a CDQ group that receives an allocation of halibut

CDQ in that IFQ regulatory area if the annual commercial halibut catch

limit, as defined in Sec. 300.61 of this title, for Area 4CDE is less

than 1.5 million pounds in that calendar year.

(3) A QS holder must meet the requirements in paragraph (c)(13) of

this section to transfer halibut IFQ assigned to vessel categories B,

C, or D in IFQ regulatory areas 4B, 4C, or 4D to a CDQ group.

(4) A CDQ group that receives halibut IFQ by transfer may not

transfer that halibut IFQ to any other person.

8. In Sec. 679.42,

a. Revise paragraph (a)(1);

b. Remove paragraph (a)(2)(i);

c. Redesignate paragraphs (a)(2)(ii) through (iv) as paragraphs

(a)(2)(i) through (iii);

d. Add new paragraph (a)(2)(iv); and

e. Revise paragraphs (h)(1) introductory text and (h)(2) introductory

text.

The revisions and additions read as follows:

Sec. 679.42 Limitations on use of QS and IFQ.

(a) * * *

(1) The QS or IFQ specified for one IFQ regulatory area must not be

used in a different IFQ regulatory area, except for the following:

(i) All or part of the QS and IFQ specified for regulatory area 4C

may be harvested in either Area 4C or Area 4D.

(ii) All or part of the halibut CDQ specified for regulatory area

4D may be harvested in either Area 4D or Area 4E.

(iii) If a CDQ group is authorized to receive a transfer of halibut

IFQ assigned to vessel categories B, C, or D in IFQ regulatory area 4D

as specified in Sec. 679.41(o) of this part, all or part of the

halibut IFQ specified for regulatory area 4D that is held by or

transferred to a CDQ group may be harvested in either Area 4D or Area

4E.

(2) * * *

* * * * *

(iv) Halibut IFQ assigned to vessel category B, C, or D held by a

CDQ group may not be used on a vessel over 51 feet LOA, irrespective of

the vessel category assigned to the IFQ.

* * * * *

(h) * * *

(1) Halibut. No vessel may be used, during any fishing year, to

harvest more IFQ halibut than one-half percent of the combined total

catch limits of halibut for IFQ regulatory areas 2C, 3A, 3B, 4A, 4B,

4C, 4D, and 4E, except that:

* * * * *

(2) Sablefish. No vessel may be used, during any fishing year, to

harvest more IFQ sablefish than one percent of the combined fixed gear

TAC of sablefish for the GOA and BSAI IFQ regulatory areas, except

that:

* * * * *

[FR Doc. 2018-22687 Filed 10-17-18; 8:45 am]

BILLING CODE 3510-22-P

52760 Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations

FAA; or Transport Canada Civil Aviation Canada; telephone 514–855–5000; fax 514– economically viable fishery for IFQ
(TCCA); or Bombardier, Inc.’s TCCA Design 855–7401; email thd.crj@ holders. The second action removes an
Approval Organization (DAO). If approved by aero.bombardier.com; internet http:// obsolete reference in the IFQ Program
the DAO, the approval must include the www.bombardier.com. regulations. The third action clarifies
DAO-authorized signature. (6) You may view this service information
at the FAA, Transport Standards Branch,
IFQ vessel use cap regulations. This
(q) Related Information final rule is intended to promote the
2200 South 216th St., Des Moines, WA. For
(1) Refer to Mandatory Continuing information on the availability of this goals and objectives of the Northern
Airworthiness Information (MCAI) Canadian material at the FAA, call 206–231–3195. Pacific Halibut Act of 1982 (Halibut
Airworthiness Directive CF–2011–41R1, (7) You may view this service information Act), the Magnuson-Stevens Fishery
dated March 27, 2017, for related that is incorporated by reference at the Conservation and Management Act
information. This MCAI may be found in the National Archives and Records (Magnuson-Stevens Act), the Fishery
AD docket on the internet at http:// Administration (NARA). For information on Management Plan (FMP) for Groundfish
www.regulations.gov by searching for and the availability of this material at NARA, call
locating Docket No. FAA–2018–0161.
of the Bering Sea and Aleutian Islands
202–741–6030, or go to: http://
(2) For more information about this AD, www.archives.gov/federal-register/cfr/ibr-
(BSAI) Management Area, and other
contact Cesar Gomez, Aerospace Engineer, locations.html. applicable laws.
Airframe and Mechanical Systems Section, DATES: This rule is effective on
FAA, New York ACO Branch, 1600 Stewart Issued in Des Moines, Washington, on
September 25, 2018. November 19, 2018.
Avenue, Suite 410, Westbury, NY 11590; ADDRESSES: Electronic copies of the
telephone: 516–228–7318; fax: 516–794– John P. Piccola,
Regulatory Impact Review (Analysis)
5531. Acting Director, System Oversight Division,
(3) Service information identified in this Aircraft Certification Service. prepared for this action are available
AD that is not incorporated by reference is from http://www.regulations.gov or from
[FR Doc. 2018–22137 Filed 10–17–18; 8:45 am]
available at the addresses specified in the NMFS Alaska Region website at
BILLING CODE 4910–13–P
paragraphs (r)(5) and (r)(6) of this AD. http://alaskafisheries.noaa.gov.
Written comments regarding the
(r) Material Incorporated by Reference
burden-hour estimates or other aspects
(1) The Director of the Federal Register DEPARTMENT OF COMMERCE of the collection-of-information
approved the incorporation by reference requirements contained in this final rule
(IBR) of the service information listed in this National Oceanic and Atmospheric
paragraph under 5 U.S.C. 552(a) and 1 CFR
may be submitted by mail to NMFS,
Administration Alaska Region, P.O. Box 21668, Juneau,
part 51.
(2) You must use this service information AK 99082–1668, Attn: Ellen Sebastian,
15 CFR Part 902 Records Officer; in person at NMFS,
as applicable to do the actions required by
this AD, unless this AD specifies otherwise. Alaska Region, 709 West 9th Street,
(3) The following service information was 50 CFR Parts 300 and 679 Room 420A, Juneau, AK; and by email
approved for IBR on November 23, 2018. [Docket No. 170626590–8785–02] to OIRA_Submission@omb.eop.gov or
(i) Bombardier Service Bulletin 100–32–20, by fax to (202) 395–5806.
Revision 02, dated April 14, 2015. RIN 0648–BG94
FOR FURTHER INFORMATION CONTACT:
(ii) Bombardier Service Bulletin 100–32–
21, dated May 24, 2012. Fisheries of the Exclusive Economic Stephanie Warpinski, (907) 586–7228.
(iii) Bombardier Challenger 300 BD–100 Zone off Alaska; Pacific Halibut and SUPPLEMENTARY INFORMATION:
Time Limits/Maintenance Checks Manual, Sablefish Individual Fishing Quota
Revision 17, dated December 15, 2016, Part Authority for Action
Program; Community Development
2, Airworthiness Limitations, Section 5–10–
Quota Program; Modifications to The International Pacific Halibut
11: Commission (IPHC) and NMFS manage
(A) Task 29–21–13–101 Discard the Recordkeeping and Reporting
Requirements fishing for Pacific halibut through
Auxiliary Hydraulic System Accumulator, regulations established under the
Part No. 900095–1;
(B) Task 32–43–37–101 Discard the Brake
AGENCY: National Marine Fisheries authority of the Halibut Act. The IPHC
Accumulator, Part No. 33–147500; Service (NMFS), National Oceanic and promulgates regulations governing the
(C) Task 32–44–05–101 Discard the Atmospheric Administration (NOAA), halibut fishery under the Convention
Emergency/Parking Brake Accumulator, Part Commerce. between the United States and Canada
No. 33–155500. ACTION: Final rule. for the Preservation of the Halibut
(iv) Bombardier Challenger 350 BD–100 Fishery of the Northern Pacific Ocean
Time Limits/Maintenance Checks Manual, SUMMARY: NMFS issues a final rule that and Bering Sea (Convention). The
Revision 9, dated December 18, 2017, Part 2, modifies regulations governing the IPHC’s regulations are subject to
Airworthiness Limitations, Section 5–10–11: Halibut and Sablefish Individual approval by the Secretary of State with
(A) Task 29–21–13–101 Discard the Fishing Quota (IFQ) Program. This rule
Auxiliary Hydraulic System Accumulator,
the concurrence of the Secretary of
Part No. 900095–1;
includes three actions. The first action Commerce (Secretary). NMFS publishes
(B) Task 32–43–37–101 Discard the Brake allows Western Alaska Community the IPHC’s regulations as annual
Accumulator, Part No. 33–147500; Development Quota (CDQ) groups to management measures pursuant to 50
(C) Task 32–44–05–101 Discard the lease (to receive by transfer) halibut IFQ CFR 300.62.
Emergency/Parking Brake Accumulator, Part in IFQ regulatory areas 4B, 4C, and 4D The Halibut Act, at sections 773c(a)
No. 33–155500. in years of extremely low halibut and (b), provides the Secretary with
(4) The following service information was commercial catch limits. This action is general responsibility to carry out the
khammond on DSK30JT082PROD with RULES

approved for IBR on July 9, 2013 (78 FR necessary to provide additional harvest Convention and the Halibut Act. The
33206, June 4, 2013). opportunities to CDQ groups and Halibut Act, at section 773c(c), also
(i) Bombardier Service Bulletin 100–29–14,
dated December 16, 2010.
community residents, and provide IFQ provides the North Pacific Fishery
(ii) Reserved. holders with the opportunity to receive Management Council (Council) with
(5) For service information identified in value for their IFQ when the halibut authority to develop regulations,
this AD, contact Bombardier, Inc., 400 Côte- commercial catch limits may not be including limited access regulations,
Vertu Road West, Dorval, Québec H4S 1Y9, large enough to provide for an that are in addition to, and not in

VerDate Sep<11>2014 15:53 Oct 17, 2018 Jkt 247001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\18OCR1.SGM 18OCR1

Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations 52765

terms, similar to other transfer Changes From the Proposed Rule was not required, and none was
exceptions in the IFQ Program. The IFQ NMFS makes two minor changes to prepared, pursuant to 5 U.S.C. 605.
Program relies on market-based values the proposed regulatory text in this final Collection-of-Information Requirements
and NMFS anticipates that IFQ and rule. First, § 679.5(l)(10) is changed to
CDQ participants would come to a include the words ‘‘and the Council.’’ This final rule contains collection-of-
private agreement in this voluntary New regulations at § 679.5(w) require a information requirements subject to the
exception. In Section 3.8.7 of the CDQ group to submit a report to both PRA, which have been approved by
Analysis, NMFS describes the impact NMFS and the Council. Adding this OMB under OMB control number 0648–
that the transfer of IFQ (i.e., leasing) language to § 679.5(l)(10) creates 0764. After this final rule’s effective
could have on QS markets. As described consistency between these sections. date, OMB Control Number 0648–0764
in the preamble of this final rule, there Second, NMFS changes ‘‘halibut IFQ’’ to will be merged with OMB Control
are several limitations on the transfer of ‘‘IFQ halibut’’ in § 679.42(h)(1) and Numbers 0648–0272 and 0648–0711.
IFQ. These limitations are intended, in ‘‘sablefish IFQ’’ to ‘‘IFQ sablefish’’ in Public reporting burden is estimated
part, to maintain current fishing § 679.42(h)(2). The proposed changes to average per response: 2 hours for
business practices and to limit potential were intended to refer to the type of fish Application for Temporary Transfer of
adverse impacts on a range of (IFQ halibut and IFQ sablefish defined Halibut and Sablefish IFQ, 40 hours for
participants in the CDQ and IFQ at § 679.2) that will count towards the the annual report, and 1 minute for
Programs. This final rule does not vessel limits prescribed by these electronic submission of cost recovery
establish additional requirements on the paragraphs rather than the type of fees or 30 minutes for non-electronic fee
fishing rights (halibut IFQ and sablefish submission. These estimates include the
specific agreements between QS holders
IFQ). time for reviewing instructions,
and CDQ groups when transferring IFQ
searching existing data sources,
because the limitations established by Classification gathering and maintaining the data
this final rule sufficiently constrain the
The NMFS Alaska Region needed, and completing and reviewing
amount of IFQ, the vessel category of
Administrator determined that this final the collection of information.
IFQ, and the specific halibut catch
rule is necessary for the conservation Send comments regarding these
limits conditions in Areas 4B and 4CDE
and management of the IFQ halibut burden estimates or any other aspect of
IFQ that may be transferred.
fishery off Alaska and that it is this data collection, including
Comment 6: NMFS should terminate consistent with the Magnuson-Stevens suggestions for reducing the burden, to
the policy to allow unused quota to Fishery Conservation and Management NMFS (see ADDRESSES), and by email to
carry over to the next season and Act, the Halibut Act, and other OIRA_Submission@omb.eop.gov, or fax
instead allow unused quota to carry applicable laws. to (202) 395–5806.
over to the next season only for the Regulations governing the U.S. Notwithstanding any other provision
purposes of leasing it to CDQ groups. fisheries for Pacific halibut are of the law, no person is required to
Response: This final rule does not developed by the IPHC, the Pacific respond to, nor shall any person be
modify existing regulations that allow a Fishery Management Council, the subject to penalty for failure to comply
QS holder’s annual IFQ allocation to be Council, and the Secretary of with, a collection of information subject
adjusted to cover under- or over-harvest Commerce. Section 5 of the Northern to the requirement of the PRA, unless
from the previous year (see regulations Pacific Halibut Act of 1982 (Halibut Act, that collection of information displays a
at § 679.40(d) and (e)). The Council 16 U.S.C. 773c) allows the Regional currently valid OMB control number.
focused on alternatives that would Council having authority for a particular All currently approved NOAA
allow transfer of IFQ to CDQ groups geographical area to develop regulations collections of information may be
within the year of low halibut governing the allocation and catch of viewed at: http://www.cio.noaa.gov/
commercial catch limits, rather than halibut in U.S. Convention waters as services_programs/prasubs.html.
adjusting over/under harvest rules that long as those regulations are in addition List of Subjects
would apply to the following year when to, and not in conflict with, IPHC
the halibut commercial catch limits may regulations. This final rule is consistent 15 CFR Part 902
not be under the thresholds, as a more with the Council’s authority to allocate Reporting and recordkeeping
direct method of addressing the issue. halibut catches among fishery requirements.
participants in the waters in and off
OMB Revisions to PRA References in 15 Alaska. 50 CFR Part 300
CFR 902.1(b) This final rule has been determined to Administrative practice and
be not significant for the purposes of procedure, Fisheries, Fishing, Reporting
Section 3507(c)(B)(i) of the Paperwork Executive Order 12866.
Reduction Act (PRA) requires that and recordkeeping requirements.
The Chief Counsel for Regulation of
agencies inventory and display a current the Department of Commerce certified 50 CFR Part 679
control number assigned by the Director to the Chief Counsel for Advocacy of the Alaska, Fisheries, Reporting and
of the Office of Management and Budget Small Business Administration during recordkeeping requirements.
(OMB), for each agency’s information the proposed rule stage that this action
collection. Section 902.1(b) identifies Dated: October 12, 2018.
would not have a significant economic
the location of NOAA regulations for impact on a substantial number of small Samuel D. Rauch III,
khammond on DSK30JT082PROD with RULES

which OMB approval numbers have entities. The factual basis for the Deputy Assistant Administrator for
been issued. Because this final rule adds certification was published in the Regulatory Programs, National Marine
a new collection-of-information for Fisheries Service.
proposed rule and is not repeated here.
recordkeeping and reporting No comments were received regarding For the reasons set out in the
requirements, 15 CFR 902.1(b) is revised this certification or on the economic preamble, NMFS amends 15 CFR part
to reference correctly the section impacts of the rule more generally. As 902 and 50 CFR parts 300 and 679 as
resulting from this final rule. a result, a regulatory flexibility analysis follows:

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Document Created: 2018-10-18 03:05:30
Document Modified: 2018-10-18 03:05:30

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective on November 19, 2018.
Contact		Stephanie Warpinski, (907) 586-7228.
FR Citation		83 FR 52760
RIN Number		0648-BG94
CFR Citation		15 CFR 902 50 CFR 300 50 CFR 679
CFR Associated		Reporting and Recordkeeping Requirements; Administrative Practice and Procedure; Fisheries; Fishing and Alaska

83 FR 52760 - Fisheries of the Exclusive Economic Zone off Alaska; Pacific Halibut and Sablefish Individual Fishing Quota Program; Community Development Quota Program; Modifications to Recordkeeping and Reporting Requirements

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 202 (October 18, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration