[Federal Register Volume 61, Number 155 (Friday, August 9, 1996)]
[Rules and Regulations]
[Pages 41523-41526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20319]
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DEPARTMENT OF COMMERCE
50 CFR Part 679
[Docket No. 960401095-6212-02; I.D. 032596A]
RIN 0648-AH61
Fisheries of the Exclusive Economic Zone Off Alaska; Improve
Individual Fishing Quota Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues a final rule amending the regulations implementing
the Individual Fishing Quota (IFQ) Program for the Pacific halibut and
sablefish fixed gear fisheries in and off of Alaska. This rule also
eliminates a prohibition pertaining to IFQ sablefish in the regulations
governing the groundfish fisheries in the Gulf of Alaska (GOA). After
the first year of the IFQ Program's operation, the North Pacific
Fishery Management Council (Council) and NMFS recognize aspects of the
Program that need further refinement. This action is necessary to make
those refinements and is intended to improve the ability of NMFS to
manage the Pacific halibut and sablefish fixed gear fisheries.
EFFECTIVE DATE: September 9, 1996.
ADDRESSES: Copies of the final rule and the Regulatory Impact Review
for this action may be obtained from: Fisheries Management Division,
Alaska Region, NMFS, Room 453, 709 W. 9th Street, Juneau, AK 99801, or
P.O. Box 21668, Juneau, AK 99802, Attention: Lori J. Gravel.
FOR FURTHER INFORMATION CONTACT: James Hale, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Regulations codified at 50 CFR 679 implement the IFQ Program, a
limited access system for management of the Pacific halibut
(Hippoglossus stenolepis) and sablefish (Anoplopoma fimbria) fixed gear
fisheries in and off of Alaska, under the authority of the Northern
Pacific Halibut Act with respect to halibut and the Magnuson Fishery
Conservation and Management Act (Magnuson Act) with respect to
sablefish. Further information on the rationale for and implementation
of the IFQ Program is contained in the preamble to the final rule
published in the Federal Register on November 9, 1993 (58 FR 59375).
This action amends various portions of the regulations implementing
the IFQ Program and eliminates a prohibition in the groundfish
regulations that pertains to IFQ sablefish. These changes are intended
to improve the ability of fishermen to conduct fishing operations under
the IFQ Program, to refine NMFS' ability to administer the program
effectively, and to make the Program more responsive to conservation
and management goals for Pacific halibut and sablefish fisheries. A
proposed rule was published in the Federal Register, which invited
comments through May 24, 1996 (61 FR 18116; April 24, 1996). No
comments were received. The following list is a brief description of
the regulatory provisions added or amended by this rule. Further
information on these changes is contained in the preamble to that
proposed rule (61 FR 31228; June 19, 1996).
Elimination of the 72-hour ``Fair Start'' Provision
Section 679.7(b)(2) is removed to eliminate the prohibition against
deploying fixed gear during the 72-hour period preceding the opening of
fixed gear sablefish fishing seasons. NMFS has determined that this
prohibition is no longer necessary. Under the IFQ Program, which
lengthened GOA fixed gear sablefish seasons, the problems addressed by
the ``fair start'' provision have been resolved.
Revision of the Owner-Aboard Restriction
Section 679.4(d)(6)(ii) is revised to allow fishermen to leave
their vessels during the time between their arrival in port and the
beginning of landing operations. IFQ regulations formerly required IFQ
holders to be aboard vessels used to harvest IFQ fish during all
fishing operations to ensure that the catcher vessel fleet remains
primarily an owner-operator fleet. As revised the regulation continues
to require that IFQ holders be aboard during harvest and landing of IFQ
fish, except as allowed by the emergency waiver provision; however, IFQ
fishermen no longer have to remain aboard in the interim between
[[Page 41524]]
arriving in port and unloading IFQ harvests.
Delivery of IFQ Halibut Bycatch by Salmon Fishers
Exceptions to two landing requirements at Sec. 679.5 are provided
to encourage salmon fishermen with halibut IFQ to land incidental
catches of halibut. Paragraph (C) is added to Sec. 679.5(l)(1)(i) to
relieve salmon trollers of the IFQ Program's 6-hour prior notice of
landing requirement for delivery of 500 lb (0.227 metric tons (mt)) or
less of IFQ halibut bycatch concurrently with legal salmon landings.
Paragraph (2) is added to Sec. 679.5(l)(1)(ii)(B) to relieve salmon
fishermen of the restriction that IFQ landings be made between the
hours of 0600 and 1800 only, when landing 500 lb (0.227 mt) or less of
IFQ halibut bycatch concurrently with legal salmon landings.
Revision of Shipment Report Requirement
This action revises Sec. 679.5(l)(2) to modify IFQ Shipment Report
requirements. After the first year of the IFQ Program's operation, NMFS
finds the current requirement to be unnecessary to monitor and enforce
the IFQ Program effectively. This final rule modifies the current
regulation to require that the Shipment Report be filled out prior to
shipment and submitted to NMFS within 1 week after the date on which
the shipment occurred. This action also requires that the Shipment
Report or a bill of lading accompany a shipment of IFQ species to the
first destination beyond the landing point only. These changes relieve
a reporting requirement on shipments of IFQ fish by allowing Shipment
Reports to be submitted up to 1 week after the shipment occurred. In
addition, a registered buyer is relieved of the requirement to produce
multiple copies of the Shipment Report.
Revision of Transshipment Requirements
Section 679.5(l)(2)(v) is revised to clarify requirements governing
transshipment of IFQ species. Former regulations providing for
transshipment might have been misinterpreted to mean that 24-hour prior
notice of a transshipment is sufficient to ``authorize'' a
transshipment. This regulatory amendment specifies that authorization
from a clearing officer to transship IFQ species must itself be
obtained by the prospective transshipper 24 hours before the proposed
transshipment could occur. The amendment further requires that the
request for authorization specify the date and location of the proposed
transshipment.
Tagged Halibut and Sablefish
Paragraph (h) is added to Sec. 679.40 to allow tagged halibut and
sablefish to be landed without being debited to a person's IFQ halibut
or IFQ sablefish quota. The International Pacific Halibut Commission
(IPHC) has requested that the IFQ regulations be amended to encourage
the landing of tagged halibut in support of the IPHC's biological
research on halibut. Accordingly, NMFS adds to the IFQ regulations a
provision that tagged halibut not be counted against an IFQ holder's
annual Pacific halibut quota. This provision also applies to the
capture of tagged sablefish to promote NMFS' fisheries research.
Elimination of Certified Mail Requirements
Sections 679.40(c)(3) and 679.41(d)(4) are amended to eliminate
certified mail requirements. To make the IFQ Program more cost-
effective, NMFS eliminates certified mail requirements but retains
discretion to use certified mailings when appropriate.
Revisions to the Transfer Process
The transfer process for QS and IFQ is revised to address two
issues identified by NMFS and the fishing industry during the first
year of fishing under the IFQ Program. First, the provision for leasing
QS at Sec. 679.41(b)(1) is revised to allow leasing of IFQ under the
same conditions. NMFS determined that allowing the lease of IFQ
separate from QS would restore the full benefit of the Council's intent
that all persons holding QS assigned to vessel categories B, C, or D be
allowed to lease up to 10 percent of that QS for a period of 3 years.
Regulations at Sec. 679.41(g) and (h) also are revised to reflect this
change.
Second, new paragraphs (k)(1) and (2) are added to Sec. 679.41 to
provide for the transfer of all QS and IFQ to the surviving spouse of a
deceased individual holder of QS or IFQ by right of survivorship,
unless contrary intent was expressed by the deceased holder of QS or
IFQ in a probated will. This provision allows the surviving spouse,
first, to transfer any current year's IFQ for the duration of the
allocation year and, second, to transfer annual allocations of IFQ
resulting from the total QS transferred by right of survivorship for 3
calendar years from the date of the death of the deceased holder of QS
or IFQ. The new provision allows a surviving spouse to transfer the
total IFQ resulting from QS for a period of 3 years and thereby obtain
pecuniary benefit from the QS for that period. An Application for
Transfer of QS or IFQ to the surviving spouse will be approved by the
Director, Alaska Region, NMFS (Regional Director) when sufficient
evidence, such as a death certificate, has been provided to verify the
death of the holder of QS or IFQ. If the deceased provided for
distribution of the QS or IFQ in a will that is probated, then the QS
or IFQ will be transferred under the provisions for transfer as a
result of court order or operation of law set out in Sec. 679.41(f) and
other transfer provisions of Sec. 679.41.
In the interim between publication of the proposed and final rules
for this action, the regulations governing fisheries in the Exclusive
Economic Zone off Alaska have been consolidated into one new CFR part
(50 CFR part 679) as part of the President's Regulatory Reform
Initiative (see 61 FR 31228, June 19, 1996). This final rule renumbers
and otherwise adjusts the changes contained herein to be consistent
with the new disposition of regulations in 50 CFR part 679. There have
been no substantive changes from the proposed rule.
Classification
The Regional Director determined that the amendments are necessary
for the conservation and management of the IFQ fisheries and that the
amendments are consistent with the Magnuson Act, the Northern Pacific
Halibut Act, and other applicable laws.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to a penalty for failure
to comply with, a collection of information subject to the requirements
of the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB control number.
This action will not require the collection of information not
already approved by the Office of Management and Budget (OMB). The
collection of information originally authorized for the IFQ Program
included in the request for transshipment authorization information
regarding the primary port location of the proposed transshipment. The
requirement that transshipments take place in primary ports only was
subsequently removed from regulations implementing the IFQ Program; the
information required remains accounted for and approved by OMB (OMB
control number 0648-0272) regarding IFQs for Pacific halibut and
sablefish. This action simply reinstates the requirement that requests
for transshipment authorization include notice of the location of the
proposed transshipment, although that location no longer need be
[[Page 41525]]
a primary port. The estimated response time for the transshipment
notice is 6 minutes. This action also restates existing requirements
for prior notices of landing, shipment reports, and applications for
transfer of IFQs, all of which also are approved under OMB control
number 0648-0272. The respective estimated response times for these
requirements are 12 minutes, 12 minutes, and 2 hours. No additional
burden is required of the public for information not already projected
for IFQ recordkeeping and reporting requirements.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration when this rule was proposed that it
would not have a significant economic impact on a substantial number of
small entities. The reasons were published in the Federal Register on
April 24, 1996 (61 FR 18116). As a result, a regulatory flexibility
analysis was not prepared.
List of Subjects in 50 CFR Part 679
Fisheries, Reporting and recordkeeping requirements.
Dated: August 5, 1996.
C. Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 679 is amended
as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq, 1801 et seq.
2. In Sec. 679.4, paragraph (d)(6)(ii) is revised to read as
follows:
Sec. 679.4 Permits.
* * * * *
(d) * * *
(6) * * *
(ii) IFQ card. Except as specified in Sec. 679.42(d), an individual
that is issued an IFQ card must remain aboard the vessel used to
harvest IFQ halibut or IFQ sablefish with that card during all fishing
operations until arrival at the point of landing and during all IFQ
landings. The IFQ cardholder must present a copy of the IFQ permit and
the original IFQ card for inspection on request of any authorized
officer, clearing officer, or registered buyer purchasing IFQ species.
Nothing in this paragraph would prevent an individual who is issued an
IFQ card from being absent from the vessel used to harvest IFQ halibut
or IFQ sablefish between the time the vessel arrives at the point of
landing until the commencement of landing.
* * * * *
3. In Sec. 679.5, the introductory text of paragraph (l)(1)(i) and
paragraphs (l)(1)(ii)(B), (l)(2)(i), (l)(2)(iii), and (l)(2)(v) are
revised; paragraph (l)(1)(i)(C) is added to read as follows:
Sec. 679.5 Recordkeeping and reporting.
* * * * *
(l) * * *
(1) IFQ landings report--(i) Prior notice of IFQ landing. Except as
provided in paragraph (l)(1)(i)(C) of this section, the operator of any
vessel making an IFQ landing must notify the Alaska Region, NMFS, no
fewer than 6 hours before landing IFQ halibut or IFQ sablefish, unless
permission to commence an IFQ landing within 6 hours of notification is
granted by a clearing officer.
* * * * *
(C) The operator of a category B, C, or D vessel, as defined at
Sec. 679.40(a)(5), making an IFQ landing of IFQ halibut of 500 lb
(0.227 mt) or less of weight determined pursuant to Sec. 679.42(c)(ii)
and concurrent with a legal landing of salmon is exempt from the prior
notice of landing required by this section.
(ii) * * *
(B) An IFQ landing may commence only between 0600 hours, A.l.t.,
and 1800 hours, A.l.t., unless:
(1) Permission to land at a different time is granted in advance by
a clearing officer; or
(2) IFQ halibut of 500 lb (0.227 mt) or less of weight determined
pursuant to Sec. 679.42(c)(ii) is landed concurrently with a legal
landing of salmon by a category B, C, or D vessel, as defined at
Sec. 679.40(a)(5).
* * * * *
(2) IFQ shipment report--(i) Applicability. Each registered buyer,
other than those conducting dockside sales, must report on a shipment
report any shipments or transfers of IFQ halibut and IFQ sablefish to
the first destination beyond the location of the IFQ landing.
* * * * *
(iii) Registered Buyer. A registered buyer must:
(A) Complete a Shipment Report for each shipment or transfer from
that registered buyer prior to shipment and assure that the Shipment
Report is submitted to, and received by, the Alaska Region, NMFS,
within 7 days of the date shipment or transfer commenced;
(B) Assure that a copy of the Shipment Report or a bill of lading
that contains the same information accompanies the shipment to its
first destination beyond the location of the IFQ landing; and
(C) Submit a revised Shipment Report if any information on the
original Shipment Report changes prior to the first destination of the
shipment. A revised Shipment Report must be clearly labeled ``Revised
Shipment Report,'' and must be received by the Alaska Region, NMFS,
within 7 days of the change.
* * * * *
(v) Transshipment. No person may transship processed IFQ halibut or
IFQ sablefish between vessels without authorization by a clearing
officer. Authorization from a clearing officer must be obtained for
each instance of transshipment at least 24 hours before the
transshipment is intended to commence. Requests for authorization must
specify the date and location of the transshipment.
* * * * *
Sec. 679.7 [Amended]
4. In Sec. 679.7, paragraph (b)(2) is removed and reserved.
5. In Sec. 679.40, paragraph (c)(3) is revised, and paragraph (g)
is added to read as follows:
Sec. 679.40 Sablefish and halibut QS.
* * * * *
(c) * * *
(3) IFQ permit. The Regional Director shall issue to each QS
holder, pursuant to Sec. 679.4, an IFQ permit accompanied by a
statement specifying the maximum amount of halibut and sablefish that
may be harvested with fixed gear in a specified IFQ regulatory area and
vessel category as of January 31 of that year. Such IFQ permits will be
mailed to each QS holder at the address on record for that person after
the beginning of each fishing year but prior to the start of the annual
IFQ fishing season.
* * * * *
(g) Tagged halibut and sablefish. (1) Nothing contained in this
part shall prohibit any person at any time from retaining and landing a
Pacific halibut or sablefish that bears at the time of capture a
research tag from any state, Federal, or international agency, provided
that the halibut or sablefish is:
(i) A Pacific halibut landed pursuant to 50 CFR 300.18; or
[[Page 41526]]
(ii) A sablefish landed in accordance with the Tagged Groundfish
Research Program.
(2) Tagged halibut or sablefish landed pursuant to paragraphs
(1)(i) or (1)(ii) of this section shall not be calculated as part of an
individual's IFQ harvest or be debited against an individual's halibut
or sablefish IFQ.
6. In Sec. 679.41, paragraphs (b)(1), (d)(4), (d)(5) introductory
text, (g)(1), (g)(2), and (h) are revised, and paragraph (k) is added
to read as follows:
Sec. 679.41 Transfer of QS and IFQ.
* * * * *
(b) Transfer procedure--(1) Application for transfer. An
Application for Transfer of QS/IFQ (Application for Transfer) must be
approved by the Regional Director before a person may use IFQ to
harvest IFQ halibut or IFQ sablefish, whether the IFQ was the result of
a direct transfer or the result of a QS transfer. An Application for
Transfer will not be approved until the Regional Director has reviewed
and approved the transfer agreement signed by the parties to the
transaction. The Regional Director shall provide an Application for
Transfer form to any person on request. Persons who submit an
Application for Transfer to the Regional Director for approval will
receive notification of the Regional Director's decision to approve or
disapprove the Application for Transfer, and, if applicable, the
reason(s) for disapproval, by mail posted on the date of that decision,
unless another communication mode is requested on the Application for
Transfer.
* * * * *
(d) * * *
(4) Notification of approval. Applicants will be notified by mail
of the Regional Director's approval of an application for eligibility.
(5) Notification of disapproval. The Regional Director will notify
the applicant if an Application for Eligibility is disapproved. This
notification of disapproval will include:
* * * * *
(g) Transfer restrictions. (1) Except as provided in paragraph (f)
or paragraph (g)(2) of this section, only persons who are IFQ crew
members or who were initially issued QS assigned to vessel categories
B, C, or D, and meet the other requirements in this section, may
receive by transfer QS assigned to vessel categories B, C, or D, or the
IFQ resulting from it.
(2) Except as provided in paragraph (g)(3) of this section, only
persons who are IFQ crew members, and meet the other requirements in
this section, may receive by transfer QS assigned to vessel categories
B, C, or D, or the IFQ resulting from it, in IFQ regulatory area 2C for
halibut or in the IFQ regulatory area east of 140 deg. W. long. for
sablefish.
* * * * *
(h) Transfer of IFQ. (1) Pursuant to paragraph (a) of this section,
an Application for Transfer must be approved by the Regional Director
before a person may use any IFQ that results from a direct transfer to
harvest halibut or sablefish. After approving the Application for
Transfer, the Regional Director will change any IFQ accounts affected
by the approved transfer and issue all necessary IFQ permits.
(2) (Applicable until January 2, 1998). A person may transfer no
more than 10 percent of the total IFQ resulting from QS held by that
person and assigned to vessel categories B, C, or D for any IFQ species
in any IFQ regulatory area to one or more persons for any fishing year.
* * * * *
(k) Transfer to the surviving spouse. (1) On the death of an
individual who holds QS or IFQ, the surviving spouse receives all QS
and IFQ held by the decedent by right of survivorship, unless a
contrary intent was expressed by the decedent in a will that is
probated. The Regional Director will approve an Application for
Transfer to the surviving spouse when sufficient evidence has been
provided to verify the death of the individual.
(2) The Regional Director will approve, for 3 calendar years
following the date of death of an individual, an Application for
Transfer of IFQ from the surviving spouse to a person eligible to
receive IFQ under the provisions of this section, notwithstanding the
limitations on transfers of IFQ in paragraph (g)(2) of this section.
[FR Doc. 96-20319 Filed 8-6-96; 11:57 am]
BILLING CODE 3510-22-F