Permits in Management: A Example Scenario

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PermitsinManagement

Anexamplescenario

JessicaStephen,PhD

Permit Planning Phases

“If you want to go fast, go alone. If you want to go far, go together.”

Permit Idea Vision Evaluation

Implementation

Research & Planning

Phases of Development

Consult Involve Collaborate Inform

Provide information to improve understanding of issues, options, and decisions

Obtain feedback on issues, options, analyses, and decisions

Include partners and interested parties’ input to ensure concerns are understood and considered in decision making

Engage partners and interested parties to jointly identify issues, develop options, and implement solutions

Limited Access vs Open Access Permits Refresher

● Federal fishing permits apply in federal waters and are available to all US Citizens

● Permits fall into two large categories: Open access and limited access

● Open access permits allows the agency to issue an unlimited number of permits for that fishery

● Limited access permits cap the total number of permits in a fishery or fishery component

○ These permits are numbered, may be transferable, and terminate if not renewed, decreasing the total number of permits over time

○ Once all permits are issued, a fisherman must obtain a limited access permit from another fisherman as there are no new permits issued

● The Magnuson-Stevens Act establishes requirements for limited access systems & permits

Some Current of Southeast Permits

Open Access

• Commercial Atlantic dolphin/wahoo

• Commercial Spanish mackerel

• Commercial HMS Caribbean small boat

• Atlantic Charter/Headboat for snappergrouper

Limited Access

• Commercial King Mackerel

• Commercial Gulf of Mexico shrimp

• Commercial Gulf of Mexico reef fish

• Commercial South Atlantic snapper grouper unlimited

• Commercial South Atlantic snapper grouper 225 lb trip limit

• Gulf Charter/Headboat for reef-fish

Limited

Access System Requirements (MSA)

● Limits participation in a fishery to satisfy eligibility criteria or requirements contained within the fishery management plan

● Limited access system may be established to achieve optimum yield

● When developing a system, the Council and NOAA Fisheries must take into account:

○ Present participation in the fishery

○ Historical fishing practices in and dependence on, the fishery

○ Economics of the fishery

○ Capability of fishing vessels used in the fishery to engage in other fisheries

○ Cultural and social framework relevant to the fishery and affected fishing communities

○ Fair and equitable distribution of access privileges

○ Any other relevant considerations

MSA requirements

● MSA defines

○ “Commercial fishing” as fishing when the fish harvested, either in whole or in part, are intended to enter commerce through sale, barter, or trade

○ “Recreational fishing” as fishing for sport or pleasure

● For purposes of data collection for management, under MSA:

○ Standardized requirements for information on vessel registration

○ Require US fish processors, fish dealers, and other first ex-vessel purchasers of fish to submit information to meet the goals of the FMP

○ When possible, integrate information and avoid duplicative information collection

○ Include procedures to ensure the confidentiality of information collected and timely release to public of non-confidential information

Example

Federal Permit Scenario

● The next slides will walk through an example of creating a federal permit in the Caribbean, highlighting the different decision points to be made.

● Note that this is only an example of one pathway and that decisions for creating a federal permit will need to be made through the amendment process.

● We will use the Puerto Rico Deep Water Snapper Complex 2 as the example fishery

Example Pathway: Open to limited access permits

Create open access federal fishing permit with reporting requirements

Create open access federal Caribbean dealer permit with dealer reports

Due to the commercial fishery definition to ensure it is for commerce

Implement permit programs

This example scenario is set up as an open access permit with the potential to lead to a limited access permit.

Evaluate data from permit programs (permit, logbook, dealer report)

Consider need for limited access permit or additional permits

Permit Configuration and Options

Permit Access

Permit Limitations

Eligibility requirements

Permit Options

Permit Class

Permit Purpose

Permit Domain

Example Scenario: Choosing the permit access type

● Without historical information it would be difficult to meet the current criteria required to move directly to a limited access permit.

● Open access federal permits with reporting requirements will provide the Council and NOAA Fisheries with information to determine if there is a need for a limited access permit.

○ This scenario uses to federal permits (fishing and dealer) with reporting criteria.

○ Lessons learned from enacting this permit may lead to additional fisheries or subcomponents being considered for a federal permit

Permit Configuration and Options

Permit Access

Permit Limitations

Eligibility requirements

Permit Options

Permit Class

Permit Purpose

Permit Domain

Example Scenario: Permit Purpose and Need

● The need is to understand the current and historical fishing practices for the fisheries in an FMP (e.g., who is fishing, what gear is used, etc.) and improve data collection for sustainable management of the fisheries.

● The purpose is to collect detailed information and closely study the performance of the fishery (e.g., catch, effort, and the economic value) since the participants can now be easily identified. The permit would quantify the participants and provide a framework for data collection.

○ How many fishers harvest DW Snapper 2?

○ Where do these fishers land/sell their catch?

○ How often do they fish DW Snapper 2 and what quantity is landed?

○ Is participation changing in the fishery?

○ What other species/fisheries do DW Snapper 2 fishermen target?

Permit Configuration and Options

Permit Access

Permit Limitations

Eligibility requirements

Permit Options

Permit Class

Permit Purpose

Permit Domain

Example Scenario: Selecting Fishing Permit Domain

Permit domain is the scope of the permit (e.g., sector, gear, species, area, etc.)

The purpose and needs drives the selection of the domain.

Federal Fishing Permit

• Commercial sector

• Species: Deep water snapper complex 2 (cardinal and queen snapper)

• Fishing within the EEZ with any gear

• Limited to the Puerto Rico FMP

Federal Dealer Permit

• Dealer component

• First receiver of deep water snapper complex 2 species

• Limited to the Puerto Rico FMP

Example Scenario: Federal Dealer Permit Domain

● The federal dealer permit is provides more information about the economics of the fishery and abides by MSA requirement that commercial fishery catch is sold as commerce

● Using a federal dealer permit allows economic information to be gathered in the dealer report rather than directly from the logbooks

● This federal dealer permit could be expanded to include future federal fishing permit species

● The domain is determined based on the purpose and needs:

○ Applies to the dealer or first-receiver of deep water snapper complex 2 (cardinal and queen snapper) from an entity with the federal fishing permit

○ Limited to Puerto Rico FMP

Permit Configuration and Options

Permit Access

Permit Limitations

Eligibility requirements

Permit Options

Permit Class

Permit Purpose

Permit Domain

Example Scenario: Selecting Fishing Permit Class

● Permit class describes to whom the federal permit is assigned. Typical choices are vessel, person, or combination vessel and person. This decision in a FMP amendment would need to consider a reasonable range of alternatives.

● This example issues the permit to a person (does not allow for a business).

○ Person permit most closely resembles current fishing practices

○ Permit will need to be on the person when fishing

○ Permit holder is responsible for the fishing logbook

● Person permit does not limit fishing if a vessel breaks

● Businesses may obtain person permits for each captain in their fleet

Example Scenario: Selecting Dealer Permit Class

● Federal dealer permit could be issued to a person or an entity

○ Entities can include corporations, LLCs, fishery trusts, etc.

○ Example: a Fishing Association could obtain a federal dealer permit and receive fish

○ Example: a fisherman could also obtain a federal dealer permit to directly sell his fish to a restaurant

● Dealer listed on the federal permit is responsible for the permit requirements.

● Would require a US Caribbean location or facility to first receive fish

● Reporting required for permit renewal

Permit Configuration and Options

Permit Access

Permit Limitations

Eligibility requirements

Permit Options

Permit Class

Permit Purpose

Permit Domain

Example Scenario: Fishing Permit Eligibility

Obtaining Permit

• US Citizen

• Completion of permit application and fee

• SERO current fees: $25 first permit, $10 each additional permit

Permit Renewal

• Reporting compliance (submitting logbooks on time)

• Regulation compliance (selling only to federal dealer)

Permit Application Information

• Identifying Information (e.g., name, birthdate, SSN, demographics)

• Contact Information (e.g., address, phone)

• Fishing Information (e.g., primary sector, fisheries harvesting)

• Vessel Information (e.g., identifier, characteristics)

Permit Limitation

• Permit holder must be on board the vessel

• Permit valid only on vessels ≤ 45’

• Completion of permit application and fee

Example Scenario: Dealer Permit Eligibility

Obtaining Permit

• US Citizen or business

• Completion of permit application and fee

• SERO current fees: $25 first permit, $10 each additional permit

Permit Renewal

• Reporting compliance (submitting dealer reports on time)

Permit Application Information

• Identifying Information (e.g., name, birthdate, SSN, demographics)

• Contact Information (e.g., address, phone)

• Receiving locations

Permit Limitation

• Permit holder must have a facility or receiving location within the Caribbean

Example Scenario: Reporting Requirements

Fishing Permit

• Identifying information (e.g., permit holder, permit number, vessel registration, vessel name)

• Trip Information (e.g., date start/end)

• Effort Information (e.g., crew, gear, hooks, etc.)

• Catch Information (e.g., species, number landed, number discarded, discard condition)

Dealer

Permit

• Identifying Information (e.g., permit holder, permit number)

• Receiving Location

• Vessel Information (e.g., registration, vessel name)

• Landings Information – species and pounds

• Economic Information – price per pound

Next Steps

Consult Involve Collaborate Inform

Scoping

● Scoping is required before we can being work on an amendment

● Based on the discussion today, what scoping questions do you have?

● Consider small in-person focus meetings to gather information

● Gather qualitative information about the fishery

○ How many fish this complex? How dependent are they on this complex?

○ Where are these fishermen located?

● Consider unintended consequences of a permit requirement?

• Shifting effort to other fisheries

• New participants joining the fishery

• Economic impact of permit requirement?

Questionsand Discussion

Extra Slides

Limited Access System Requirements (MSA)

● To establish a federal limited access permit in the Caribbean, the Council and NOAA Fisheries would need to show that it is required in order to achieve optimum yield

● Optimum yield is the amount of fish which

○ Will provide the greatest overall benefit to the Nation, taking into account protection of marine ecosystems

○ Is the maximum sustainable yield from the fishery reduced by any relevant economic, social or ecological factor

○ In the case of an overfished species, provides for stock rebuilding to a level consistent with producing the maximum sustainable yield

● Federal fishing permits apply in federal waters

● Federal permits are available to all US citizens

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