§660.231. Limited entry non-trawl sablefish primary fishery.
50 C.F.R. § 660.231
This section applies to the sablefish primary fishery for the limited entry non-trawl fishery north of 36° N. lat. Limited entry and open access non-trawl sablefish fishing outside of the sablefish primary season north of 36° N. lat. is governed by management measures imposed under §§ 660.230, 660.232, 660.330 and 660.332.
Sablefish endorsement. In addition to requirements pertaining to fishing in the limited entry non-trawl fishery (described in subparts C and E of this part), a vessel may not fish in the sablefish primary season for the limited entry non-trawl fishery, unless at least one limited entry permit with both a gear endorsement for non-trawl gear and a sablefish endorsement is registered for use with that vessel. Permits with sablefish endorsements are assigned to one of three tiers, as described at § 660.25(b)(3)(iv), subpart C.
Sablefish primary season for the limited entry non-trawl fishery—
Season dates. North of 36° N lat., the sablefish primary season for the limited entry non-trawl, sablefish-endorsed vessels begins on April 1 and closes on December 31, or closes for an individual vessel owner when the tier limit for the sablefish endorsed permit(s) registered to the vessel has been reached, whichever is earlier, unless otherwise announced by the Regional Administrator through the routine management measures process described at § 660.60(c).
[Reserved]
Cumulative limits.
A vessel participating in the primary season will be constrained by the sablefish cumulative limit associated with each of the permits registered for use with that vessel. During the primary season, each vessel authorized to fish in that season under paragraph (a) of this section may take, retain, possess, and land sablefish, up to the cumulative limits for each of the permits registered for use with that vessel (i.e., stacked permits). If multiple limited entry permits with sablefish endorsements are registered for use with a single vessel, that vessel may land up to the total of all cumulative limits announced in this paragraph for the tiers for those permits, except as limited by paragraph (b)(3)(ii) of this section. Up to three permits may be registered for use with a single vessel during the primary season; thus, a single vessel may not take and retain, possess or land more than three primary season sablefish cumulative limits in any one year. A vessel registered for use with multiple limited entry permits is subject to per vessel limits for species other than sablefish, and to per vessel limits when participating in the daily trip limit fishery for sablefish under § 660.232. In 2025, the following annual limits are in effect: Tier 1 at 246,824 lb (111,957 kg), Tier 2 at 112,193 lb (50,890 kg), and Tier 3 at 64,110 lb (29,080 kg). In 2026 and beyond, the following annual limits are in effect: Tier 1 at 234,312 lb (106,282 kg), Tier 2 at 106,506 lb (48,310 kg), and Tier 3 at 60,860 lb (27,606 kg).
If a sablefish endorsed permit is registered to more than one vessel during the primary season in a single year, the second vessel may only take the portion of the cumulative limit for that permit that has not been harvested by the first vessel to which the permit was registered. The combined primary season sablefish landings for all vessels registered to that permit may not exceed the cumulative limit for the tier associated with that permit.
A cumulative trip limit is the maximum amount of sablefish that may be taken and retained, possessed, or landed per vessel in a specified period of time, with no limit on the number of landings or trips.
Incidental Pacific halibut retention north of Pt. Chehalis, WA (lat. 46°53.30′ N). Pacific halibut may be retained north of Pt. Chehalis by vessels participating in the sablefish primary fishery with the requisite Pacific halibut commercial fishery permit. Pacific halibut incidentally caught in the primary sablefish fishery when using bottom longline gear may be retained from April 1 through the Pacific halibut commercial fishing closure date set by the International Pacific Halibut Commission. Vessels permitted as described in this section may possess and land up to 75 lb (34 kg) dressed weight of Pacific halibut for every 1,000 lb (454 kg) dressed weight of sablefish landed, plus two additional Pacific halibut. Pacific halibut retained as described in this section may not be possessed or landed south of Pt. Chehalis.
Owner-on-board requirement. Any person who owns or has ownership interest in a limited entry permit with a sablefish endorsement, as described at § 660.25(b)(3), subpart C, must be on board the vessel registered for use with that permit at any time that the vessel has sablefish on board the vessel that count toward that permit's cumulative sablefish landing limit. This person must carry government issued photo identification while aboard the vessel. This person must review and sign a printed copy of the electronic fish ticket(s) or dock ticket, as described at § 660.213(d), unless this person qualified for the owner-on-board exemption. A permit owner is qualified for the owner-on-board exemption and not obligated to be on board the vessel registered for use with the sablefish-endorsed limited entry permit during the sablefish primary season if:
The person, partnership or corporation had ownership interest in a limited entry permit with a sablefish endorsement prior to November 1, 2000. A person who has ownership interest in a partnership or corporation that owned a sablefish-endorsed permit as of November 1, 2000, but who did not individually own a sablefish-endorsed limited entry permit as of November 1, 2000, is not exempt from the owner-on-board requirement when he/she leaves the partnership or corporation and purchases another permit individually. A person, partnership, or corporation that is exempt from the owner-on-board requirement may sell all of their permits, buy another sablefish-endorsed permit within up to a year from the date the last change in permit ownership was approved, and retain their exemption from the owner-on-board requirements. Additionally, a person, partnership, or corporation that qualified for the owner-on-board exemption, but later divested their interest in a permit or permits, may retain rights to an owner-on-board exemption as long as that person, partnership, or corporation purchases another permit by March 2, 2007. A person, partnership or corporation could only purchase a permit if it has not added or changed individuals since November 1, 2000, excluding individuals that have left the partnership or corporation, or that have died.
The person who owns or who has ownership interest in a sablefish-endorsed limited entry permit is prevented from being on board a fishing vessel because the person died, is ill, or is injured. The person requesting the exemption must send a letter to NMFS requesting an exemption from the owner-on-board requirements, with appropriate evidence as described at paragraph (b)(4)(ii)(A) or (B) of this section. All emergency exemptions for death, injury, or illness will be evaluated by NMFS and a decision will be made in writing to the permit owner within 60 calendar days of receipt of the original exemption request.
Evidence of death of the permit owner shall be provided to NMFS in the form of a copy of a death certificate. In the interim before the estate is settled, if the deceased permit owner was subject to the owner-on-board requirements, the estate of the deceased permit owner may send a letter to NMFS with a copy of the death certificate, requesting an exemption from the owner-on-board requirements. An exemption due to death of the permit owner will be effective only until such time that the estate of the deceased permit owner has registered the deceased permit owner's permit to a beneficiary or up to three years after the date of death as proven by a death certificate, whichever is earlier. An exemption from the owner-on-board requirements will be conveyed in a letter from NMFS to the estate of the permit owner and is required to be on the vessel during fishing operations.
Evidence of illness or injury that prevents the permit owner from participating in the fishery shall be provided to NMFS in the form of a letter from a certified medical practitioner. This letter must detail the relevant medical conditions of the permit owner and how those conditions prevent the permit owner from being onboard a fishing vessel during the primary season. An exemption due to injury or illness will be effective only for the fishing year of the request for exemption, and will not be granted for more than three consecutive or total years. NMFS will consider any exemption granted for less than 12 months in a year to count as one year against the 3-year cap. In order to extend an emergency medical exemption for a succeeding year, the permit owner must submit a new request and provide documentation from a certified medical practitioner detailing why the permit owner is still unable to be onboard a fishing vessel. An emergency exemption will be conveyed in a letter from NMFS to the permit owner and is required to be on the vessel during fishing operations.
Sablefish primary fishery—cost recovery program—
Effective date. The effective date for this subpart is August 6, 2026.
Compliance date— Fishery participants will be required to comply with the requirements, as outlined in this subpart, once NMFS completes the necessary steps for implementation (e.g., collecting a full fiscal year of data to calculate the fee percentage) and issues the first announcement of the fee percentage under paragraph (c)(4)(ii) of this section. In no case will the compliance date begin earlier than December 1, 2027.
General. The cost recovery program collects mandatory fees of up to 3 percent of the ex-vessel value of sablefish landed in the sablefish primary fishery in accordance with the Magnuson-Stevens Act. NMFS collects the fees to recover the actual costs directly related to the management, data collection, analysis, and enforcement of the sablefish primary fishery.
Fee percentage. The annual fee percentage is calculated as described in paragraph (c)(4)(i) of this section. NMFS will establish the fee percentage each year and will announce the fee percentage in accordance with paragraph (c)(4)(ii) of this section. The fee percentage must not exceed 3 percent of the ex-vessel value of fish harvested, by sector, under the sablefish primary fishery, pursuant to the Magnuson-Stevens Act at 16 U.S.C. 1854(d)(2)(B).
In the first quarter of each calendar year, NMFS will calculate the fee percentage based on information from the previous fiscal and calendar years. The fee percentage will be rounded to the nearest 0.1 percent and must not exceed 3 percent. NMFS will use the following equation to annually determine the fee percentage: Fee percentage = the lower of 3 percent or (DPC/V) × 100, where:
“DPC,” or direct program costs, are the actual incremental costs for the previous fiscal year directly related to the management, data collection, and enforcement of the sablefish primary fishery. Actual incremental costs mean those costs that would not have been incurred but for the implementation and administration of the sablefish primary fishery. If the amount of fees collected by NMFS is greater or less than the actual incremental costs incurred, the DPC will be adjusted accordingly for calculation of the fee percentage in the following year.
“V” is, for the sablefish primary fishery, the total ex-vessel value, as defined at § 660.211, from the previous calendar year attributable to the sablefish primary fishery.
During the first quarter of each calendar year, NMFS will announce:
The fee percentage to be applied to sablefish primary fishery landings, that will be in effect for the calendar year; and
Information on how to pay into the Fund subaccount as specified at paragraph (c)(6) of this section.
Fee amount. The fee amount is the ex-vessel value of the sablefish primary fishery landing, as defined at § 660.211, multiplied by the fee percentage as announced in accordance with paragraph (c)(2)(ii) of this section.
Fee applicability, collection, and payment.
Fee applicability, payment, and collection in the sablefish primary fishery— Fees at the fee percentage rate announced in paragraph (c)(4)(ii) of this section begin applying on April 1 and continue without interruption through December 31 each year. The vessel owner or authorized representative must collect the fee upon each sablefish primary fishery landing made by their vessel. The payment of the collected fees is described below.
The vessel owner or authorized representative may make payments for the fees throughout the primary season.
NMFS will issue an annual bill in the first quarter of the year following the fishing year ending on December 31. The annual bill will deduct any earlier payments of fees from vessel owner or authorized representative.
Each vessel owner or authorized representative must pay the fee identified in the annual bill upon issuance of the annual bill for the ex-vessel value, as defined at § 660.211. Payment of the fee must be received no later than 30 days of the issuance of the annual bill.
Upon issuance of the annual bill, which will deduct any fee payments made by the vessel owner throughout the primary season, the vessel owner or authorized representative shall disburse the fee amount identified in the annual bill by electronic payment to the https://pay.gov Fund subaccount. NMFS will announce information about how to make an electronic payment to the Fund subaccount in the notification on fee percentage specified in paragraph (c)(4)(ii) of this section as well as on the bill. Each disbursement must be accompanied by a cost recovery form provided by NMFS. Recordkeeping and reporting requirements are specified in § 660.213(f). The cost recovery form will be available on the https://pay.gov website.
Failure to pay or collect.
If NMFS determines the vessel owner or other responsible party has not submitted a complete cost recovery form and corresponding payment by the due date specified in paragraph (c)(6)(i)(A) of this section, NMFS will notify the vessel owner or other responsible party in writing via an initial administrative determination (IAD) letter.
In the IAD, NMFS will state the discrepancy in payment and provide the person with 30 calendar days to either pay the specified amount due or appeal the IAD in writing.
If the vessel owner or authorized representative appeals an IAD, the appeal must be emailed to NMFS at [email protected] no later than 30 calendar days after the date on the IAD. If the last day of the time period is a Saturday, Sunday, or Federal holiday, the time period will extend to the close of business on the next business day. The appeal must be in writing, must allege credible facts or circumstances, and must include any relevant information or documentation to support the appeal.
NMFS will make a final decision according to the steps below.
(1) For the appeal of an IAD, the Regional Administrator shall appoint an appeals officer. After determining there is sufficient information and that all procedural requirements have been met, the appeals officer will review the record and issue a recommendation on the appeal to the Regional Administrator, which shall be advisory only. The recommendation must be based solely on the record. Upon receiving the findings and recommendation, the Regional Administrator, acting on behalf of the Secretary of Commerce, will issue a written decision on the appeal which is the final decision of the Secretary of Commerce.
(2) If the vessel owner or authorized representative does not appeal the IAD within 30 calendar days, NMFS will notify the vessel owner or other responsible party in writing via a final decision letter. The final decision will be from the Regional Administrator acting on behalf of the Secretary of Commerce.
(3) If the final decision determines that the vessel owner is out of compliance, the final decision will require payment within 30 calendar days. If such payment is not received within 30 calendar days of issuance of the final decision, NMFS will refer the matter to the appropriate authorities for purposes of collection. NMFS will not register the vessel to any limited entry non-trawl permit with a sablefish primary fishery permit until the fees are paid.
[Reserved]
Recordkeeping, reporting, and audits.
Each vessel owner or authorized representative shall retain records in accordance with § 660.213(f).
Each vessel owner or authorized representative shall submit reports in accordance with § 660.213(f).
NMFS or its agents may audit, in whatever manner NMFS determines reasonably necessary for the duly diligent administration of the cost recovery program, the financial records of vessel owners, in order to ensure proper fee payment, collection, deposit, disbursement, accounting, recordkeeping, and reporting. Vessel owners or authorized representatives must respond to any inquiry by NMFS or a NMFS agent within 20 calendar days of the date of issuance of the inquiry, unless an extension is granted by NMFS. Vessel owners or authorized representatives shall make all relevant records available to NMFS or NMFS's agents at reasonable times and places and promptly provide all requested information reasonably related to these records. NMFS may employ a third-party agent to conduct the audits. The NMFS auditor may review and request copies of additional data provided by the submitter, including, but not limited to, previously audited or reviewed financial statements, worksheets, tax returns, invoices, receipts, and other original documents substantiating the data submitted.
Notes, amendments, and revision history
Amendments
[75 FR 60897, Oct. 1, 2010]
Source
Source: 75 FR 60897, Oct. 1, 2010, unless otherwise noted.
Authority
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
Source
Source: 61 FR 34572, July 2, 1996, unless otherwise noted.
Amendments
[75 FR 60897, Oct. 1, 2010]