Overview
Title
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Highly Migratory Species; Opening of Tier 9 Application Period
Agencies
ELI5 AI
The government is giving special tickets to 25 people each year to catch fish in the ocean using certain fishing tools, and if you didn’t get a ticket last year, you might have a better chance next year.
Summary AI
The National Marine Fisheries Service (NMFS) is opening applications for permits to use deep-set buoy gear to catch fish like swordfish off the coasts of California and Oregon. This is part of a plan to support sustainable fishing and was authorized by amendments to the fisheries management plan. Applicants have from February 1 to March 31, 2025, to apply for these limited entry permits online. The NMFS will issue up to 25 permits annually on a first-come, first-served basis, and priorities will be given in subsequent years to those who applied but didn't receive a permit in the previous year.
Abstract
NMFS announces the opening of the permit application period for initial issuance of limited entry deep-set buoy gear permits under qualification tier 9. Authorized through implementation of Amendment 6 to the Fishery Management Plan (FMP) for U.S. West Coast Fisheries for Highly Migratory Species (HMS) and its implementing regulations, tier 9 was established as the final tier in a ranking system for issuance of limited entry deep-set buoy gear permits. Tier 9 permits for deep-set buoy gear will be available through the National Permits System.
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AnalysisAI
The document outlines a notice from the National Marine Fisheries Service (NMFS), part of the National Oceanic and Atmospheric Administration (NOAA), regarding the opening of a permit application period for the issuance of limited entry deep-set buoy gear permits. These permits are crucial for commercial fishing activities targeting highly migratory species, such as swordfish, off the coasts of California and Oregon. This specific announcement relates to the final phase, Tier 9, of the permitting process, which will begin on February 1 and end on March 31, 2025. The permits are intended to aid in the economic viability of swordfish fishing while minimizing bycatch.
The notice is significant because it unveils Tier 9 as the final step in a phased permitting approach, signaling progress in efforts to sustainably manage fishing resources. It also sets the stage for 25 such permits to be issued annually, with a cap planned at 300 permits overall, unless future conditions suggest otherwise.
Significant Issues and Concerns
One issue evident in this document is the lack of a clear explanation regarding why specific permits are limited to Tier 9 or why there should be a tier system for these permits. The rationale for opening Tier 9 after tiers 1 through 8 could be better explained, especially concerning what defines success or failure in the earlier tiers. Clarification of the goals and expected outcomes of opening Tier 9 would be beneficial to potential applicants and the public alike.
The document also presents potential uncertainties surrounding the maximum number of permits. It mentions that NMFS might choose to issue fewer than 300 permits through further rulemaking. However, the criteria or conditions that could lead to such changes aren't specified, which could cause concern about unpredictability in long-term planning for stakeholders.
Moreover, the document's language could be simplified. For instance, terms like "person as defined at § 660.702" may confuse readers unfamiliar with the specific legal reference, hindering accessibility for potential applicants. The use of complex legal phrases might be simplified to ensure better comprehension by a general audience.
Impact on the Public
Broadly, this permitting process is likely to impact fisheries and related industries along the U.S. West Coast significantly. By encouraging sustainable fishing practices, it aims to balance ecological conservation with economic development. For the general public, especially consumers of seafood, this regulation promotes a more sustainably managed supply of swordfish and other migratory species.
Impact on Specific Stakeholders
For stakeholders directly involved in the fishing industry, such as commercial fishermen and seafood suppliers, the regulation offers both opportunities and challenges. The chance to obtain a permit allows for legal fishing using deep-set buoy gear, potentially increasing profitability due to reduced bycatch and more efficient practices. However, the limited number of permits and the first-come, first-served policy may create competitive pressure among applicants.
The notice could also affect stakeholders involved in environmental conservation. The regulation presents positive aspects by potentially establishing stricter controls over fishing practices, thus supporting marine conservation efforts. However, there remains a need for transparency in how the number of permits is determined and how potential environmental impacts are addressed.
Overall, while the initiative represents a step towards sustainable fishing practices, more clarity in the document could enhance its effectiveness and comprehension among interested parties.
Issues
• The document does not provide a clear rationale for limiting the issuance of permits to Tier 9 specifically, other than the exhaustion of qualifiers for tiers 1 through 8. Clarification on the anticipated benefits or impacts of opening Tier 9 would be beneficial.
• The document mentions that the process will issue up to 25 permits per year until 300 are issued, unless NMFS decides on a smaller maximum number through further rulemaking. This could lead to indecision or inconsistencies if not clearly communicated and justified in a transparent manner.
• The phrase 'person as defined at § 660.702' may not be immediately clear to readers unfamiliar with the specific Code of Federal Regulations section, and further context or definition would enhance understanding.
• A more explicit explanation of the criteria used to determine the 'first come, first served' basis, such as prioritization for oversubscribed applications, would add clarity.
• Complex legal language such as 'a person must submit a complete application' might be simplified for easier public comprehension.
• The potential need for NMFS to request 'additional documentation' is mentioned but is vague. Clear guidelines on what this might entail could prevent applicant confusion.
• The phrase 'unless NMFS determines that the maximum number of permits should be fewer than 300' implies potential future changes without specifying parameters or conditions for such a decision.