[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Proposed Rules]
[Pages 55979-55987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19150]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 220830-0178]
RIN 0648-BL41


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

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

ACTION: Proposed rule, request for comments.

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

DATES: Comments must be received by October 13, 2022.

ADDRESSES: You may submit comments on this document, identified by FDMS 
Docket Number NOAA-NMFS-2022-0058 by any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2022-0058 in the Search box, click the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    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 by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to NMFS and to https://www.reginfo.gov/public/do/PRAMain. Find this particular information collection by 
selecting ``Currently under 30-day Review--Open for Public Comments'' 
or by using the search function.

Electronic Access

    This rulemaking is accessible via the internet at the Office of the 
Federal Register website at https://www.federalregister.gov/. 
Background information and analytical documents (Analysis) are 
available at the NMFS West Coast Region website at https://www.fisheries.noaa.gov/species/west-coast-groundfish.html and at the 
Pacific Fishery Management Council's website at https://www.pcouncil.org.

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

SUPPLEMENTARY INFORMATION:

Authority for Action

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

Background

    This proposed rule would revise regulations that may be 
unnecessarily constraining, in order to provide increased operational 
flexibility in the Pacific whiting fishery and increase the Mothership 
(MS) sector's ability to utilize its Pacific whiting allocation, while 
maintaining fair and equitable access to Pacific whiting by all sectors 
of the program. Specifically, this rule proposes to adjust the primary 
Pacific whiting season start date for all sectors of the Pacific 
whiting fishery from May 15 to May 1, remove from regulation the 
catcher vessel (MSCV) processor obligation deadline of November 30, 
remove from regulation the MS processor cap of 45 percent, and provide 
the ability for vessels to operate as a Catcher/Processor (CP) and an 
MS in the same year. The following sections of this preamble provide 
(1) a description of the non-tribal Pacific whiting fishery; (2) the 
need for action; and (3) the proposed regulations.

[[Page 55980]]

A Description of the Non-Tribal Pacific Whiting Fishery

Pacific Whiting Fishery

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

Current Management Programs Affected by the Proposed Action

    In order to encourage more informed public comment, this proposed 
rule includes a general description of the program requirements that 
are proposed to change under this action.

Season Start Date

    The primary Pacific whiting season for all three non-tribal Pacific 
whiting sectors North of 40[deg]30' N lat. begins on May 15th but 
historically has varied since the conversion of the fishery from 
foreign to domestic, when the start date was set at January 1. In 1992, 
the start date was moved to April 15 to align with when aggregations of 
Pacific whiting were available to harvest. To minimize bycatch of 
Chinook salmon, which was unusually high in 1995, the season was moved 
back to May 15 in 1996 for some areas. The season start dates are, in 
part, meant to limit targeting on Pacific whiting fishing when listed 
Chinook salmon are most likely to be taken incidentally. The dates have 
fluctuated between April and June in the shorebased fishery to 
accommodate participation in the shoreside, at-sea, and Alaska pollock 
fisheries. The June 15 start date for shoreside Pacific whiting (North 
of 40[deg]30' N lat.) was moved to be consistent with the May 15 start 
date in the at-sea sectors in 2016. Fishing south of 40[deg]30' N lat. 
can start April 15 (80 FR 19034, April 9, 2015). The primary season 
remains open for that sector until the sector allocation of whiting or 
non-whiting groundfish (with allocations) is reached or projected to be 
reached and the primary season for that sector is closed by NMFS 
(section 2.0 of the Analysis) (see ADDRESSES).

Mothership Obligation

    Each year by November 30th, a MSCV must declare to NMFS whether 
they will be participating in the co-op or non-co-op fishery and to 
which processor they are obligating their catch history assignment 
(CHA). CHAs cannot be divided or separated from the initial permit it 
was issued under during Amendment 20. A MSCV can be released from a 
processor obligation through a mutual agreement exception (MAE) and 
commit to a new MS permit.
    This management measure was intended to provide for some short-term 
certainty for MS companies in business planning for the upcoming 
fishing season. It also avoided some of the penalty components 
associated with the linkage provision (i.e., having to go into the non-
co-op fishery for a year before committing to a new processor) (section 
3.0.1 of the Analysis).

Mothership Processing Cap

    Under Amendment 20, accumulation limits were imposed to prevent 
excessive concentration of catch allocations within sectors (there is 
no cumulative cap across sectors). The MS sector is the only sector 
with a processing limit. The Council set the processing cap for the MS 
sector at 45 percent (described at 50 CFR 660.150(f)(3)(i)), which was 
intended to inhibit consolidation by ensuring that at least three MS 
companies would participate in the fishery. There are also two 
additional accumulation limits in the MS fishery as MSCVs are held to a

[[Page 55981]]

20 percent accumulation limit of the Pacific whiting CHA and a catch 
limit of 30 percent of the allocation (section 3.1.1 of the Analysis). 
A processing limit was considered for the CP sector as a part of the 
follow-on catch share actions; however, it was rejected in favor of an 
ownership limit (84 FR 68799; December 17, 2019). For the Shorebased 
IFQ Program, first receivers are not restricted on the amount of IFQ 
fish they can process, although they are subject to the same quota 
share (QS) ownership restrictions as other IFQ participants (10 percent 
for Pacific whiting). Shoreside vessels are also restricted to annual 
vessel limits, which is 15 percent for Pacific whiting.

MS Processor & CP Permit Transfer

    Regulations prohibit processing vessels in the at-sea Pacific 
whiting fishery from operating as both a MS and CP during the same 
calendar year (50 CFR 660.112(d)(3) and (e)(3)). The origin of this 
prohibition dates to the implementation of the Pacific whiting sector 
allocations in 1997. At that time, specific limitations were placed on 
CP vessels to prevent these higher capacity vessels from harvesting 
other sector's allocations. During the development of Amendment 20, 
there was extensive consideration of permitting a processor to operate 
as a CP and an MS in the same fishing year. The Council ultimately 
decided to maintain the original prohibition within Amendment 20. To 
help ensure market stability in the separate sectors, the regulations 
do not allow processing platforms to switch between the MS and CP 
sectors in a single calendar year. Restricting CPs from also engaging 
in MS activity also was intended to protect existing MS processors in 
the sector and help ensure that they benefit from rationalization in 
addition to MSCVs (section 3.2.1 of the Analysis).
    Additionally, as described in 50 CFR 660.25, CP or MS endorsed 
permits are only allowed two transfers within their respective sectors 
in a calendar year, and the second transfer can only be back to the 
original vessel. Under Amendment 20, the Council considered having zero 
or only one transfer allowed (Appendix B to the Amendment 20 Final 
Environmental Impact Statement (FEIS)). The Council ultimately chose a 
two-transfer allowance to provide flexibility if a MS were unable to 
process catch (e.g., due to fire or a breakdown) or if unexpected 
opportunities arose in other fisheries (such as pollock) and another MS 
would be able to fill that role. For the CP sector, a limit of two 
transfers was also recommended as part of the Council's final action in 
November 2008, which was a change from the single transfer recommended 
by the Council in June 2008 (section 3.2.1 of the Analysis).
    In April of 2020, NMFS implemented an emergency rule suspending the 
prohibition on an at-sea Pacific whiting processing vessel from 
operating as a MS and CP in the same calendar year after one company 
that owned a MS permit was not able to process as a MS in the 2020 
season due to unforeseen health, economic, and safety risks and instead 
was operating only as a CP (85 FR 37027, June 19, 2020). This left 
three MSCVs who had previously committed to this MS without a platform 
to deliver their catch (section 3.2.1 of the Analysis). Under this 
emergency rule, a processor could be simultaneously registered to a MS 
and a CP-endorsed permit within the calendar year and would declare 
into one of the fisheries prior to leaving port. A second emergency 
rule was implemented in May 2021 which again suspended the prohibition 
on dual registration (86 FR 26439, May 14, 2021).

Need for Action

    The MS sector has experienced lower than average attainment than 
the other non-tribal commercial Pacific whiting sectors since the start 
of the trawl catch share program, particularly since 2017. Causes of 
under-attainment have been attributed to the limited availability of 
motherships for delivery of catch due to seasonal overlap with the 
Alaskan Eastern Bering Sea walleye pollock fishery. In addition, 
existing regulations have been identified as hindering some catcher 
vessels' opportunity to harvest or deliver fish to MS processors, by 
limiting the ability for available processors to accept fish from 
catcher vessels. These obstacles to harvesting and processing in the MS 
sector have led to reduced economic opportunity for participants.
    Section 2.2.1 of the Analysis found that from 2017-2019, the 
shoreside sector averaged attainment of 92 percent of the initial 
Pacific whiting allocations while the MS sector averaged 71 percent and 
the CP sector 100 percent (83, 64, and 90 percent of the post-tribal 
reapportionment allocation, respectively). Additionally, from 2017-
2019, the MS sector is estimated to have not achieved potential 
economic opportunity of $14.5-$27.3 million in production value from 
unharvested Pacific whiting from the initial allocations and $21.5 to 
$31.8 million compared to the post-reapportionment allocations (section 
5.4.1.0 of the Analysis).
    This issue was first brought to the Council's attention in 2016 
during public meetings to discuss the Council's 5-year Review of the 
Trawl Rationalization Program. The Council later received a public 
comment letter in September 2018 from a member of industry proposing to 
increase the processing cap of 45 percent within the follow-on actions 
package. The letter suggested that increasing the processing cap would 
be a positive step towards increasing efficiency and achieving optimum 
yield by allowing platforms with capacity in a given year to take 
additional deliveries and get more quota out of the water.
    During the March 2019 meeting, the Council heard from the industry 
regarding MS sector utilization proposals and discussed the 
supplemental reports from the Council's advisory bodies. The Council 
prioritized the MS utilization issues and, in November 2019, directed 
industry to develop the scope of action and draft purpose and need 
statement for the MS sector utilization action.
    In an informational report submitted by the Council's Groundfish 
Advisory Subpanel (GAP), the GAP reported during the previous five 
seasons, more than 350 million pounds of Pacific whiting worth more 
than $28 million in ex-vessel revenue had been left unharvested in the 
MS sector. Some catcher vessels had been unable to harvest and deliver 
their full MS sector allocations and, in certain cases, catcher vessels 
had been stranded without a MS processor to deliver to in a season or 
year. The GAP also reported that many MS sector participants, including 
all six MS processor vessels and several MS catcher vessels, 
participate in the Alaska pollock fishery where record high catch 
limits in recent years had limited the availability of processor 
vessels and some catcher vessels to participate in the Pacific whiting 
fishery during the primary Pacific whiting season, between May 15 and 
December 31.
    In September 2020, based on the GAP's informational report, Council 
and NMFS staff submitted a scoping paper in the advanced briefing book 
outlining some questions for consideration. The Council's Groundfish 
Management Team (GMT) provided a preliminary look at the data, thoughts 
on potential causes of under-attainment, and regulatory issues. After 
considering the information provided, the Council adopted a purpose and 
need statement for public review and continued to scope the following 
issues: (1) Primary whiting season start date (which could apply to 
other Pacific whiting sectors); (2) Processor obligation deadline; (3) 
MS

[[Page 55982]]

processor cap; and (4) MS/CP permit transfers.
    The Council considered a request to allow processing south of 
42[deg] N lat. in the at-sea sectors as a part of this action; however, 
due to potential interactions with salmon, the Council decided to 
consider the action at a later time and encouraged the industry to test 
the idea through future exempted fishing permit experiments.
    Finally, at the March 2022 meeting, the Council adopted the 
following as the final preferred alternatives: (1) Move the season 
start date for the primary Pacific whiting season start date north of 
40 degrees 30 minutes north latitude from May 15th to May 1st, and move 
all administrative deadlines associated with the season start date to 
45 days prior to May 1; (2) Remove the mothership processor obligation 
deadline from regulation; (3) Remove the mothership processor cap from 
regulation; and (4) Allow a vessel to be registered to a mothership and 
catcher-processor endorsed permit in the same year, with unlimited 
transfers.

Proposed Action

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

Season Start Date

    This proposed action would amend regulations at 50 CFR 
660.131(b)(2)(iii) to allow all sectors of the Pacific whiting fishery 
North of 40[deg]30' N lat. to begin operating May 1. Currently, there 
are reporting requirements due 45 days prior to the current season 
start date of May 15. This proposed action would align all of these 
administrative dates to 45 days prior to the new season start date of 
May 1, which would be March 17. Specifically, these proposed date 
changes would apply to the annual MS co-op and CP co-op reports (50 CFR 
660.113(c)(3) and (d)(3), respectively), the deadline for proposed 
salmon mitigation plans (SMPs) (50 CFR 660.113(e)(3)), the submission 
deadline for post season SMP reports (50 CFR 660.113(e)(6)(i)), the 
deadline for declaring into the MS co-op or non-co-op fishery (50 CFR 
660.150(g)(2)(i)), and the MS co-op and CP co-op permit annual 
registration deadlines (50 CFR 660.150(d)(1)(ii) and 660.160(d)(1)(ii), 
respectively). Additionally, this proposed action would move up an 
Electronic Monitoring (EM) application due date (50 CFR 660.604(e)) and 
an EM renewal date (50 CFR 660.604(i)) from February 15 to February 1 
to align with the new season start date of May 1.
    The Council recommended and NMFS proposes this earlier season start 
date to provide vessels with an additional 15 days to participate in 
the Pacific whiting fishery and provide even more opportunity to 
harvest the Pacific whiting quota. The proposed season start date would 
apply to all non-tribal sectors participating in the Pacific whiting 
fishery. As noted in section 2.2.1 of the Analysis, many vessels that 
fish in the Pacific whiting fishery earn the majority of their revenue 
in the Alaska fisheries and are likely incentivized to prioritize 
higher price of pollock above Pacific whiting. Therefore, this proposed 
action would provide vessels with an additional 15 days to participate 
in the Pacific whiting fishery providing up to a month of Pacific 
whiting harvest opportunities between the Alaskan Eastern Bering Sea 
walleye pollock seasons.
    This proposed action is expected to considerably increase 
attainment for the MS sector, leading to economic benefits for all 
participants. According to section 2.2.1 of the Analysis, the potential 
additional catch that could have occurred in the additional two weeks 
of fishing in the 2016-2020 period could have been associated with $8.4 
to $20.3 million in production revenue for the MS sector (assuming 
market conditions, weather, and other factors). The additional catch 
would have resulted in an estimated $10.5-$22.8 million in income 
impacts and 159 to 345 associated jobs.
    There would be no additional biological impacts to Pacific whiting 
under the proposed action, because participants in the fishery will 
continue to be limited to allocations set as part of the annual whiting 
harvest specifications process. Allocation amounts would have been or 
will be analyzed as part of annual whiting management actions. 
Additionally, impacts to non-whiting groundfish species are expected to 
be within those analyzed during the biennial harvest specification 
process where mechanisms to control catch (e.g., IFQs, co-ops, set 
asides) would still be in effect, preventing exceedances of allocations 
and ACLs. Section 2.2.2 of the Analysis shows that bycatch of non-
whiting groundfish species is typically higher in the fall; therefore, 
overall bycatch would likely decrease if vessels were able to shift 
effort into May 1-14, as explained in the Analysis, and exhibit the 
same lower bycatch patterns as May 15-31.
    Appendices A-C of the Analysis present a comprehensive analysis of 
potential effects of moving the season start date on overall salmon 
take and evolutionarily significant unit (ESU) level impact. The 
Analysis shows that even if the bycatch from May 1-14 were additive to 
the bycatch for the entire Pacific whiting fishery (tribal and non-
tribal) during the May 15-end of season time period, the overall 
estimates of total bycatch are conservative and are still within the 
estimates analyzed in the 2017 Endangered Species Act (ESA) Section 
7(a)(2) Biological Opinion (F/WCR-2017-7552) regarding the effects of 
the Council's Groundfish FMP on listed salmonids (2017 Biological 
Opinion). Additionally, the Analysis shows that impacts likely would 
not be additive as effort may shift to earlier in the season where 
bycatch rates are lower.

MS Obligation Deadline

    This proposed action would remove regulations at 50 CFR 
660.150(c)(7) that require MSCVs to obligate their CHA to a MS permit 
by November 30 during the limited entry permit (LEP) renewal process 
(50 CFR 660.25(b)(4)(i)(A)). Under this proposed rule, there would also 
no longer be a requirement for MSCV-endorsed permit owners to notify 
NMFS of a mutual agreement exception (MAE) nor require NMFS to track 
the obligations (50 CFR 660.150(c)(7)(iv)).

[[Page 55983]]

Additionally, the requirement for notification of a MS permit 
withdrawal at 50 CFR 660.150(c)(7)(v) would no longer be required. 
MSCVs would still be required to renew their limited entry permits each 
year, which includes the co-op declaration for the following year (50 
CFR 660.150(g)(2)(i)); and co-op(s) would also still be required to 
submit their annual application per 50 CFR 660.150(d)(1)(iii).
    The Council recommended and NMFS proposes the removal of the MS 
obligation requirement from regulations to provide MSCVs additional 
flexibility to change processors inseason without regulatory delay. 
Removal of the obligation deadline would provide a more flexible 
management regime whereby participants could continue to balance 
individual needs of each entity to optimally harvest fish through 
private contracts and still provide consistent revenue. This proposed 
action is expected to reduce administrative costs due to MSCVs not 
needing to notify NMFS of MAEs inseason and is expected to remove a 
regulatory and administrative burden to NMFS and members of the MS 
sector. Current enforcement costs, the capability to monitor fishing 
activity (i.e., area closures, gear requirements, safety standards) and 
monitoring of the fishery through electronic monitoring or observers, 
including catch and discard accounting, would not change.

MS Processor Cap

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

MS Processor & CP Permit Transfer

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

[[Page 55984]]

Summary of Anticipated Effects of This Proposed Rule

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

Other Actions Included in This Proposed Rule

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

Classification

    Pursuant to section 304(b)(1)(A) and 305(d) of the Magnuson-Stevens 
Act, the NMFS Assistant Administrator has determined this rule is 
consistent with the FMP, other provisions of the Magnuson-Stevens Act, 
and other applicable law, subject to further consideration after public 
comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
After accounting for cross participation, multiple Quota Share account 
holders, and affiliation through ownership, NMFS estimates that there 
are 103 non-tribal entities directly affected by this action, 89 of 
which are considered ``small'' businesses.
    NMFS considers two criteria in determining the significance of 
adverse regulatory effects, namely, disproportionality and 
profitability. Disproportionality compares the effect of the regulatory 
action between small and large entities. This action is expected to 
increase utilization and flexibility for all entities participating in 
the Pacific whiting fishery, and is not expected to place any of the 
small entities at a significant competitive disadvantage to large 
entities. Moving the primary season start date two weeks earlier (May 
1) would provide additional opportunities and incentives to increase 
the harvest of the MS sector's allocation and provide a substantial 
increase in revenue for the fishery as a whole and for fishing 
communities. Removal of the obligation deadline provides a more 
flexible management regime whereby participants can continue to balance 
individual needs of each entity to optimally harvest fish through 
private contracts and still provide consistent revenue. Removal of the 
MS processor cap would provide positive benefits to the MS sector 
through increased harvesting capabilities and increased flexibility in 
management of the MS sector. And, allowing processing vessels to 
operate as an MS and CP in the same year without any permit transfer 
limits would provide additional processing capacity to harvest Pacific 
whiting in the at-sea sectors. Therefore, we do not expect significant 
or disproportionate adverse economic effects from this action.
    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). This rule revises the 
existing requirements for the Pacific Coast Groundfish Trawl 
Rationalization Program Permit and License Information Collection OMB 
Control Number 0648-0620 by removing the requirement for the owner of 
the MSCV-endorsed permit to submit a copy of a MAE to NMFS that 
includes the MS permit owner's acknowledgement of termination of the 
catcher vessel's obligation to the permitted MS vessel. If a MS permit 
withdraws from the fishery before Pacific whiting has been allocated to 
the MS sector, this rule removes the requirement of the MS permit owner 
withdrawing from the fishery to provide written notification to NMFS 
and all owners of MSCV-endorsed permits with CHA obligated to the MS 
permit withdrawing. Additionally, this rule removes the requirement for 
a MS to submit an ownership interest (OI) form. This rule would remove 
three hours and 18 burden minutes per year for the fishery. Public 
reporting burden for removing the requirements of submitting a MAE, a 
MS permit withdrawal and removing the requirement of a MS submitting an 
OI form is estimated to result in a reduced average cost of $5.34 per 
year for participants of the fishery.
    The existing collection of information requirements would continue 
to apply under the following OMB Control Number 0648-0573: Expanded 
Vessel Monitoring System (VMS) Requirements for the Pacific Groundfish 
Fishery.
    Public comment is sought regarding: whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Submit comments on 
these or any other aspects of the collection of information at https://www.reginfo.gov/public/do/PRAMain.
    Notwithstanding any other provisions of the law, no person is 
required to respond or, nor shall any person by subject to a penalty 
for failure to comply

[[Page 55985]]

with, a collection of information subject to the requirements of the 
PRA, unless that collection of information displays a currently valid 
OMB Control Number.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: August 31, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NOAA proposes to amend 50 
CFR part 660 as follows:

PART 660--FISHERIES OFF WEST COAST STATES

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

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

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


Sec.  660.25   Permits.

* * * * *
    (b) * * *
    (4) * * *
    (i) * * *
    (E) Limited entry permits with an MS/catcher vessel (CV) 
endorsement will not be renewed until SFD has received complete 
documentation of permit ownership as required under Sec.  660.150(g).
* * * * *
    (v) * * *
    (A) General. Change in permit owner and/or vessel owner 
applications must be submitted to NMFS with the appropriate 
documentation described at paragraphs (b)(4)(viii) and (ix) of this 
section. The permit owner may convey the limited entry permit to a 
different person. The new permit owner will not be authorized to use 
the permit until the change in permit owner has been registered with 
and approved by NMFS. NMFS will not approve a change in permit owner 
for a limited entry permit with a sablefish endorsement that does not 
meet the ownership requirements for such permit described at paragraph 
(b)(3)(iv)(B) of this section. NMFS will not approve a change in permit 
owner for a limited entry permit with an MS/CV endorsement that does 
not meet the ownership requirements for such permit described at Sec.  
660.150(g)(3). NMFS considers the following as a change in permit owner 
that would require registering with and approval by NMFS, including but 
not limited to: Selling the permit to another individual or entity; 
adding an individual or entity to the legal name on the permit; or 
removing an individual or entity from the legal name on the permit. A 
change in vessel owner includes any changes to the name(s) of any or 
all vessel owners, as registered with U.S. Coast Guard (USCG) or a 
state. The new owner(s) of a vessel registered to a limited entry 
permit must report any change in vessel ownership to NMFS within 30 
calendar days after such change has been registered with the USCG or a 
state licensing agency.
* * * * *
    (vii) * * *
    (C) Limited entry permits with an MS/CV endorsement. Limited entry 
permits with an MS/CV endorsement may be registered to another vessel 
up to two times during the calendar year as long as the second change 
in vessel registration is back to the original vessel. The original 
vessel is either the vessel registered to the permit as of January 1, 
or if no vessel is registered to the permit as of January 1, the 
original vessel is the first vessel to which the permit is registered 
after January 1. After the original vessel has been established, the 
first change in vessel registration would be to another vessel, but any 
second change in vessel registration must be back to the original 
vessel. On the second change in vessel registration back to the 
original vessel, that vessel must be used to fish exclusively in the MS 
Co-op Program described at Sec.  660.150 for the remainder of the 
calendar year, and declare into the limited entry mid water trawl, 
Pacific whiting mothership sector as specified at Sec.  
660.13(d)(4)(iv).
    (D) Limited entry MS permits and limited entry permits with a 
catcher/processor (C/P) endorsement. Vessels registered to both a MS 
permit and a C/P endorsed permit may operate in both the at-sea MS 
sector and C/P sector during the same calendar year, but not on the 
same trip. Prior to leaving port, a vessel registered under both a MS 
permit and a C/P endorsed permit must declare through VMS the sector in 
which it will participate for the duration of the trip, as specified at 
Sec.  660.13(d)(4)(iv)(A).
    (viii) * * *
    (C) For a request to change a vessel registration and/or change a 
permit owner or vessel owner for a MS/CV-endorsed limited entry permit, 
an Identification of Ownership Interest Form must be completed and 
included with the application form.
* * * * *
0
3. Amend Sec.  660.111 as follows:
0
a. Under the definition ``Accumulation limits'', remove paragraph 
(2)(i) and redesignate paragraphs (2)(ii) and (iii) as paragraphs 
(2)(i) and (ii);
0
b. Under the definition ``Ex-vessel value'', revise paragraphs (2) and 
(3); and
0
c. Remove the definitions of ``Mutual agreement exception'' and 
``Processor obligation''.
    The revisions read as follows:


Sec.  660.111   Trawl fishery--definitions.

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


Sec.  660.112   [Amended]

0
4. Amend Sec.  660.112 as follows:
0
a. Remove paragraph (d)(3);
0
b. Redesignate paragraphs (d)(4) through (6) as paragraphs (d)(3) 
through (5);
0
c. Remove paragraph (d)(7);
0
d. Redesignate paragraphs (d)(8) through (16) as paragraphs (d)(6) 
through (14);
0
e. Remove paragraph (e)(3); and
0
f. Redesignate paragraphs (e)(4) through (10) as paragraphs (e)(3) 
through (9).
0
5. Amend Sec.  660.113 by revising paragraphs (c)(3) introductory text, 
(c)(5)(ii)(A) introductory text, (c)(5)(ii)(A)(3), (5), (6), and (9), 
(d)(3) introductory text, (d)(5)(ii)(A) introductory text, 
(d)(5)(ii)(A)(2), (4), (5), and (6), (e)(3), and (e)(6)(i) to read as 
follows:


Sec.  660.113   Trawl fishery--recordkeeping and reporting.

* * * * *
    (c) * * *
    (3) Annual co-op report. The designated co-op manager for the 
mothership co-op must submit an annual report to NMFS and the Council 
by March 17 each year, before a co-op permit is issued for that year. 
The annual co-op report will contain information about the previous 
year's fishery, including:
* * * * *
    (5) * * *

[[Page 55986]]

    (ii) * * *
    (A) For all deliveries of Pacific whiting that the fish buyer buys 
from each fish seller:
* * * * *
    (3) The weight of Pacific whiting delivered;
* * * * *
    (5) The ex-vessel value of Pacific whiting;
    (6) The net ex-vessel value of Pacific whiting;
* * * * *
    (9) The total fee amount collected as a result of all Pacific 
whiting.
* * * * *
    (d) * * *
    (3) Annual co-op report. The designated co-op manager for the C/P 
co-op must submit an annual report to NMFS and the Council by March 17 
each year, before a co-op permit is issued for that year. The annual 
co-op report will contain information about the previous year's 
fishery, including:
* * * * *
    (5) * * *
    (ii) * * *
    (A) For all Pacific whiting:
* * * * *
    (2) The weight of Pacific whiting retained on board;
* * * * *
    (4) The ex-vessel value of Pacific whiting retained on board;
    (5) The net ex-vessel value of Pacific whiting retained on board; 
and
    (6) The total fee amount collected as a result of all Pacific 
whiting.
* * * * *
    (e) * * *
    (3) Deadline for proposed SMP. A proposed SMP must be submitted 
between February 1 and March 17 of the year in which it intends to be 
in effect to NMFS at: NMFS, West Coast Region, ATTN: Fisheries Permit 
Office, Bldg. 1, 7600 Sand Point Way NE, Seattle, WA 98115.
* * * * *
    (6) * * *
    (i) Submission deadline. The SMP postseason report must be received 
by NMFS and the Council no later than March 17 of the year following 
that in which the SMP was approved.
* * * * *
0
6. Amend Sec.  660.131 by revising paragraphs (b)(2)(ii), 
(b)(2)(iii)(A) and (B), and (b)(2)(iii)(C)(1) to read as follows:


Sec.  660.131   Pacific whiting fishery management measures.

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

(1) North of 40[deg]30' N lat.--May 1; and

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


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

* * * * *
    (c) * * *
    (6) * * *
    (i) * * *
    (A) Through an inter-co-op agreement, the designated co-op managers 
of permitted MS co-ops may distribute Pacific whiting allocations among 
one or more permitted MS co-ops.
* * * * *
    (d) * * *
    (1) * * *
    (ii) Annual registration and deadline. Each year, a co-op entity 
intending to participate as a co-op under the MS Co-op Program must 
submit an application for a MS co-op permit between January 17 and 
March 17 of the year in which it intends to fish. NMFS will not 
consider any applications received after March 17. An MS co-op permit 
expires on December 31 of the year in which it was issued.
    (iii) Application for MS co-op permit. The designated co-op 
manager, on behalf of the co-op entity, must submit a complete 
application form and include each of the items listed in paragraph 
(d)(1)(iii)(A) of this section. Only complete applications will be 
considered for issuance of a MS co-op permit. An application will not 
be considered complete if any required application fees and annual co-
op reports have not been received by NMFS. NMFS may request additional 
supplemental documentation as necessary to make a determination of 
whether to approve or disapprove the application. Application forms and 
instruction are available on the NMFS West Coast Region (WCR) website 
(https://www.fisheries.noaa.gov/permit/groundfish-mothership-cooperative-permit) or by request from NMFS. The designated co-op 
manager must sign the application acknowledging the responsibilities of 
a designated co-op manager defined in paragraph (b)(3) of this section. 
For permit owners with more than one MS/CV endorsement and associated 
CHA, paragraph (g)(2)(iv)(D) of this section specifies how to join an 
MS co-op(s).
* * * * *
    (g) * * *
    (2) * * *
    (i) Renewal. An MS/CV-endorsed permit must be renewed annually 
consistent with the limited entry permit regulations given at Sec.  
660.25(b)(4). During renewal, all MS/CV-endorsed limited entry permit 
owners must make a preliminary declaration regarding their intent to 
participate in the co-op or non-co-op portion of the MS Co-op Program 
for the following year. MS/CV-endorsed permits not obligated to a 
permitted MS co-op by March 17 of the fishing year will be assigned to 
the non-co-op fishery. For an MS/CV-endorsed permit that is not 
renewed, the following occurs:
* * * * *
0
8. Amend Sec.  660.160 as follows:
0
a. Remove paragraph (b)(1)(i)(C); and
0
b. Revise paragraphs (d)(1)(ii), (e)(1)(iii), and (e)(2)(i).
    The revisions read as follows:


Sec.  660.160   Catcher/processor (C/P) Coop Program.

* * * * *

[[Page 55987]]

    (d) * * *
    (1) * * *
    (ii) Annual registration and deadline. Each year, the co-op entity 
must submit a complete application to NMFS for a C/P co-op permit. The 
application must be submitted to NMFS by between January 17 and March 
17 of the year in which it intends to participate. NMFS will not 
consider any applications received after March 17. A C/P co-op permit 
expires on December 31 of the year in which it was issued.
* * * * *
    (e) * * *
    (1) * * *
    (iii) Restriction on C/P vessel operating as mothership. A vessel 
registered to a C/P-endorsed permit may operate as a mothership during 
the same calendar year it participates in the C/P sector but not on the 
same trip.
* * * * *
    (2) * * *
    (i) Renewal. A C/P-endorsed permit must be renewed annually 
consistent with the limited entry permit regulations given at Sec.  
660.25(b)(4).
* * * * *
0
9. Amend Sec.  660.604 by revising paragraph (e) introductory text and 
paragraph (i) to read as follows:


Sec.  660.604   Vessel and first receiver responsibilities.

* * * * *
    (e) Electronic Monitoring (EM) Authorization. To obtain an EM 
Authorization, a vessel owner must submit an initial application to the 
NMFS West Coast Region Fisheries Permit Office, and then a final 
application that includes an EM system certification and a vessel 
monitoring plan (VMP). NMFS will only review complete applications. 
NMFS will issue a public notice at least 90 calendar days prior to when 
it will begin accepting applications for EM Authorizations for the 
first year of the Program. Once NMFS begins accepting applications, 
vessel owners that want to have their EM Authorizations effective for 
January 1 of the following calendar year must submit their complete 
application to NMFS by October 1. Vessel owners that want to have their 
EM Authorizations effective for the primary whiting season start date 
must submit their complete application to NMFS by February 1 of the 
same year.
* * * * *
    (i) Renewing an EM Authorization. To maintain a valid EM 
Authorization, vessel owners must renew annually prior to the permit 
expiration date. NMFS will mail EM Authorization renewal forms to 
existing EM Authorization holders each year on or about: September 1 
for non-trawl shorebased IFQ vessels and January 1 for Pacific whiting 
IFQ and MS/CV vessels. Vessel owners who want to have their EM 
Authorizations effective for January 1 of the following calendar year 
must submit their complete renewal form to NMFS by October 15. Vessel 
owners who want to have their EM Authorizations effective for the 
primary whiting season start date of the following calendar year must 
submit their complete renewal form to NMFS by February 1.
* * * * *
[FR Doc. 2022-19150 Filed 9-12-22; 8:45 am]
BILLING CODE 3510-22-P