[Federal Register Volume 62, Number 10 (Wednesday, January 15, 1997)]
[Rules and Regulations]
[Pages 2043-2047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1005]
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DEPARTMENT OF COMMERCE
50 CFR Part 679
[Docket No. 950727194-6365-04; I.D. 111296B]
RIN 0648-AG54
Fisheries of the Exclusive Economic Zone Off Alaska; Technical
Amendment; Correction and Clarification
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; technical amendment.
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SUMMARY: NMFS is correcting several sections of regulations that
contain
[[Page 2044]]
minor errors. These errors resulted from NMFS' consolidation of six
parts in title 50 of the CFR, related to the Alaska regulations, into
one CFR part in response to the President's Regulatory Reform
Initiative, and from an earlier consolidation and reorganization of
management measures for use in the groundfish fisheries of the Gulf of
Alaska (GOA) and the Bering Sea and Aleutian Islands management area
(BSAI). NMFS is also revising terms that have changed resulting from
recent changes in legislation and a reorganization within NMFS.
EFFECTIVE DATE: February 14, 1997.
ADDRESSES: Comments on the collection-of-information requirements may
be sent to the Office of Information and Regulatory Affairs (OIRA),
Office of Management and Budget (OMB) (0648-0213), Washington, D.C.
20503, and to Patsy A. Bearden, Alaska Region, NMFS, P.O. Box 21668,
Juneau, AK 99802.
FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, NMFS, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
NMFS manages groundfish fisheries in the exclusive economic zone
(EEZ) off Alaska under authority of the following fishery management
plans (FMPs): The Fishery Management Plan for Groundfish of the Gulf of
Alaska and the Fishery Management Plan for the Groundfish Fishery of
the Bering Sea and Aleutian Islands Area. These FMPs are implemented by
regulations at 50 CFR part 679. General regulations that also pertain
to these fisheries appear in subpart H of 50 CFR part 600. The FMPs
were prepared by the North Pacific Fishery Management Council under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act.
On February 13, 1996, NMFS published a final rule in the Federal
Register (61 FR 5608) implementing new and consolidated recordkeeping
and reporting regulations for the GOA and BSAI groundfish fisheries
that: Removed and consolidated several sections of regulations in 50
CFR parts 672 and 675; simplified and streamlined the remaining
regulations, including the recordkeeping and reporting requirements;
consolidated area descriptions and coordinates into maps and tables;
consolidated codes, values, and descriptions into tables; corrected
errors; and clarified vague text. Some errors were inadvertently added
to the regulatory text of the final rule, including the addition of the
word ``estimated'' in recordkeeping and reporting requirements of
discards and donations, and the omission of a sentence in the
definition of ``fishing trip'' with respect to the groundfish directed
fishing standards.
As part of the President's Regulatory Reform Initiative, NMFS
issued a final rule (61 FR 31228, June 19, 1996) removing parts 671,
672, 673, 675, 676, and 677 of title 50 CFR, and consolidating the
regulations contained therein into one new part (50 CFR part 679). No
substantive changes were made to the regulations by the consolidation
of the six parts. However, due to the complexity of the reorganization,
some errors were introduced into the regulatory text.
This action makes no substantive changes and corrects: (1) Check-
in/check-out requirements for land-based buying stations, Western
Alaska Community Development Quota fisheries, and catcher/processors;
(2) reporting requirements by stipulating that landings, products, and
discards on weekly production reports and daily production reports be
recorded in metric tons only; (3) closure requirements for groundfish
as prohibited species by adding text related to total allowable catch
levels for gear types, because the regulations contain closure
requirements for groundfish as prohibited species; the text was
inadvertently omitted during prior regulatory consolidations; (4)
requirements for recording discards by removing the word ``estimated,''
which was inadvertently added during consolidation of regulations; (5)
catcher vessel logbook exemption language by requiring all catcher
vessels to submit a U.S. vessel activity report; (6) Table 2 by adding
black rockfish to the category, ``pelagic shelf rockfish'' and the
definition of ``fishing trip'' with respect to directed fishing
standards; (7) prohibitions related to the careful release of halibut
caught with hook-and-line gear as applicable to both the GOA and the
BSAI rather than just limited to the GOA; and (8) the definition for
the Bering Sea and Aleutian Islands Area as it relates to the king and
Tanner crab fishery. This action also adds several cross references and
clarifies the CDQ sablefish fishing season and the definition of
``Buying station.''
On April 13, 1995, NMFS announced that the NMFS Reorganization Plan
had been approved by NOAA leadership and that, within each of the five
regions of the country, the Regional Director would assume the role of
Regional Administrator and have direct responsibility for all science
and management programs, personnel, and financial resources. Therefore,
this final rule replaces references to the Regional Director contained
in part 679 with Regional Administrator.
On October 11, 1996, the President signed into law the Sustainable
Fisheries Act. This law amended the Magnuson Fishery Conservation and
Management Act (Magnuson Act). The Magnuson Act was retitled the
``Magnuson-Stevens Fishery Conservation and Management Act.''
Therefore, all references in part 679 to the Magnuson Act have been
revised to refer to the retitled Magnuson-Stevens Act.
Classification
Because this technical amendment makes only minor, non-substantive
corrections to an existing rule, prior notice and opportunity for
public comment would serve no purpose. Accordingly, the Assistant
Administrator for Fisheries, under 5 U.S.C. 553(b)(B), for good cause
finds that prior notice and opportunity for public comment are
unnecessary.
Because this rule is being issued without prior comment, it is not
subject to the Regulatory Flexibility Act requirement for a regulatory
flexibility analysis and none has been prepared.
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 (PRA) unless that collection-of-information
displays a currently valid OMB control number.
This rule contains collection-of-information requirements subject
to the PRA. These collections have been approved by OMB under control
number 0648-0213.
The estimated response times for these requirements are: 0.25 hours
for a Daily Fishing Logbook, 0.42 hours for a Daily Cumulative Logbook,
0.45 hours for a Daily Cumulative Production Logbook, 0.17 hours for a
Daily Production Report, and 0.13 hours for check-in and check-out
reports. The estimated response times include the time to review
instructions, search existing data sources, gather and maintain the
data needed, and complete and review the collection-of-information.
Send comments regarding this burden estimate or any other aspect of
this collection-of-information, including suggestions for reducing this
burden, to NMFS and to OIRA, OMB (see ADDRESSES).
This rule makes minor technical changes to a rule that has been
[[Page 2045]]
determined to be not significant under E.O. 12866. No changes in the
regulatory impact previously reviewed and analyzed will result from
implementation of this technical amendment.
List of Subjects in 50 CFR Part 679
Fisheries, Reporting and recordkeeping requirements.
Dated: January 9, 1997.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For reasons set forth 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. 679.1, paragraphs (c) and (g) are revised to read as
follows:
Sec. 679.1 Purpose and scope.
* * * * *
(c) Moratorium on entry (applicable through December 31, 1998).
Regulations in this part govern a moratorium on the entry of new
vessels in the commercial fisheries for groundfish in the GOA and BSAI
and in the commercial fisheries for king and Tanner crabs in the Bering
Sea and Aleutian Islands Area (see subparts A and D of this part).
* * * * *
(g) Fishery Management Plan for the Commercial King and Tanner Crab
Fisheries in the Bering Sea and Aleutian Islands Area. Regulations in
this part govern commercial fishing for king and Tanner crab in the
Bering Sea and Aleutian Islands Area by vessels of the United States,
including regulations superseding State of Alaska regulations
applicable to the commercial king and Tanner crab fisheries in the
Bering Sea and Aleutian Islands Area EEZ that are determined to be
inconsistent with the FMP (see subparts A, B, and E of this part).
* * * * *
3. In Sec. 679.2, the definition of ``Bering Sea and Aleutian
Islands Area'' is added and the definitions of ``Bering Sea and
Aleutian Islands Management Area (BSAI)'', ``Buying station'',
paragraph (1) of the definition of ``Fishing trip'', ``Moratorium crab
species'', and ``Superexclusive registration area'' are revised to read
as follows:
Sec. 679.2 Definitions.
* * * * *
Bering Sea and Aleutian Islands Area, for purposes of regulations
governing the commercial King and Tanner crab fisheries, means those
waters of the EEZ off the west coast of Alaska lying south of Point
Hope (68 deg.21' N. lat), and extending south of the Aleutian Islands
for 200 nm west of Scotch Cap Light (164 deg.44'36'' W. long).
Bering Sea and Aleutian Islands Management Area (BSAI), for
purposes of regulations governing the groundfish fisheries, means the
Bering Sea and Aleutian Islands subareas (see Figure 1 of this part).
* * * * *
Buying station means a person or tender vessel that receives
unprocessed groundfish from a vessel for delivery to a shoreside
processor or mothership and that does not process those fish.
* * * * *
Fishing trip means:
(1) With respect to groundfish directed fishing standards, an
operator of a vessel is engaged in a fishing trip from the time the
harvesting, receiving, or processing of groundfish is begun or resumed
after the effective date of the notification prohibiting directed
fishing in a management area under Sec. 679.20(d), Sec. 679.21(d) or
Sec. 679.21(e) until:
(i) The offload or transfer of all fish or fish product from that
vessel;
(ii) The vessel enters or leaves an area to which a directed
fishing prohibition applies;
(iii) The end of a weekly reporting period, whichever comes first.
* * * * *
Moratorium crab species (applicable through December 31, 1998)
means species of king or Tanner crabs harvested in the Bering Sea and
Aleutian Islands Area, the commercial fishing for which is governed by
this part.
* * * * *
Superexclusive registration area means any State of Alaska
designated registration area within the Bering Sea and Aleutian Islands
Area where, if a vessel is registered to fish for crab, that vessel is
prohibited from fishing for crab in any other registration area during
that registration year.
* * * * *
4. In Sec. 679.3, paragraph (d) is revised to read as follows:
Sec. 679.3 Relation to other laws.
* * * * *
(d) King and Tanner crab. Additional regulations governing
conservation and management of king crab and Tanner crab in the Bering
Sea and Aleutian Islands Area are contained in Alaska Statutes at A.S.
16 and Alaska Administrative Code at 5 AAC Chapters 34, 35, and 39.
* * * * *
5. In Sec. 679.4, paragraphs (c)(3)(iii) and (c)(4)(iii)(A) are
revised to read as follows:
Sec. 679.4 Permits.
* * * * *
(c) * * *
(3) * * *
(iii) Catcher vessels or catcher/processor vessels less than or
equal to 32 ft (9.8 m) LOA that catch and retain moratorium crab
species in the Bering Sea and Aleutian Islands Area or that conduct
directed fishing for moratorium groundfish species in the BSAI.
* * * * *
(4) * * *
(iii) * * *
(A) Fishing gear requirements for the Bering Sea and Aleutian
Islands Area crab fisheries are set forth in the Alaska Administrative
Code at title 5, chapters 34 and 35.
* * * * *
6. In Sec. 679.5, paragraphs (a)(1)(iii), (a)(7)(v)(E),
(a)(10)(i)(A) and (B), (h)(2)(ii)(A), (h)(2)(ii)(D), (h)(3)(i)(E),
(i)(3)(ii) through (v), (j)(2), and (j)(4)(ii) through (iv) are
revised, and paragraphs (h)(2)(i)(C) and (h)(2)(ii)(F) are added to
read as follows:
Sec. 679.5 Recordkeeping and reporting.
(a) * * *
(1) * * *
(iii) A catcher vessel less than 60 ft (18.3 m) LOA, is not
required to comply with recordkeeping and reporting requirements
contained in Sec. 679.5(a) through (j).
* * * * *
(7) * * *
(v) * * *
(E) Whether harvest is under a CDQ program; if yes, the CDQ number.
If fishing under more than one CDQ number, use a separate page for
each.
* * * * *
(10) * * *
(i) * * *
(A) The operator or manager must record the daily total, balance
brought forward, and cumulative total round fish weight in the DFL,
DCL, or DCPL each day on the day discards and donations occur for each
discard or donation of groundfish species, groundfish species groups,
and Pacific herring in pounds, or to at least the nearest 0.01 mt.
(B) The operator or manager must record the daily total balance
brought forward, and cumulative total numbers in the DFL, DCL, or DCPL
each day on the day discards or donations occur for
[[Page 2046]]
each discard and donation of Pacific salmon, steelhead trout, halibut,
king crab, and Tanner crab.
* * * * *
(h) * * *
(2) * * *
(i) * * *
(C) Directed fishing under a CDQ allocation. The operator must
submit by fax a check-in report to the Regional Director prior to
directed fishing for each CDQ allocation.
(ii) * * *
(A) Catcher/processor. If a catcher/processor departs a reporting
area or moves between Alaska State and Federal waters in a reporting
area, and gear retrieval is complete from that area, the operator must
submit by fax a check-out report to the Regional Director within 24
hours after departing a reporting area or leaving either the Alaska
State or Federal part of a reporting area but prior to checking-in
another reporting area or either the Alaska State or Federal part of a
reporting area.
* * * * *
(D) Buying station delivering to a shoreside processor.
(1) If a land-based buying station delivering to a shoreside
processor, the manager must submit by fax a check-out report to the
Regional Director within 24 hours after delivery of groundfish ceases
for the fishing year or for a period greater than one weekly reporting
period.
(2) If a buying station vessel delivering to a shoreside processor,
the operator must submit by fax a check-out report to the Regional
Director within 24 hours after departing a reporting area.
* * * * *
(F) Directed fishing under a CDQ allocation. The operator must
submit by fax a check-out report to the Regional Director within 24
hours after directed fishing for each species under each CDQ allocation
has ceased.
(3) * * *
(i) * * *
(E) Whether harvest is under a CDQ program; if yes, the CDQ number.
If fishing under more than one CDQ number, use a separate report for
each.
* * * * *
(i) * * *
(3) * * *
(ii) Landings information. The manager of a shoreside processor
must report landings information as described in paragraph (a)(8) of
this section, except that each groundfish landing must be reported only
in metric tons to at least the nearest 0.01 mt.
(iii) Discarded/donated species information (Part ID). The operator
of a catcher/processor or mothership, or the manager of a shoreside
processor must report discarded/donated species information as
described in paragraph (a)(10) of this section, except that each
groundfish or herring discard/donation must be reported only in metric
tons to at least the nearest 0.01 mt.
(iv) Product information. The operator of a catcher/processor or
mothership, or the manager of a shoreside processor must report product
information as described in paragraph (a)(9) of this section, except
that each groundfish product must be reported only in metric tons to at
least the nearest 0.01 mt.
(v) Catcher vessel delivery information. If ADF&G fish tickets are
issued, the operator of the mothership or manager of the shoreside
processor must list the fish ticket numbers issued to catcher vessels
for the weekly reporting period, including the fish ticket numbers
issued by an associated buying station.
(j) * * *
(2) Applicability. (i) If a catcher/processor or mothership is
checked in to the specified reporting area and is harvesting,
receiving, processing, or discarding the specified species or is
receiving reports from a catcher vessel of discard at sea of the
specified species, the operator must submit a DPR.
(ii) If a shoreside processor is receiving, processing, or
discarding the specified species or is receiving reports from a catcher
vessel of discard at sea of the specified species, the manager must
submit a DPR.
(iii) The operator of a catcher/processor or mothership or the
manager of a shoreside processor must use a separate DPR for each gear
type, processor type, and CDQ number.
* * * * *
(4) * * *
(ii) Landings information. The manager of a shoreside processor
must report landings information as described in paragraph (a)(8) of
this section, except that each groundfish landing must be reported only
in metric tons to at least the nearest 0.01 mt.
(iii) Product information. The operator of a mothership or catcher/
processor must report product information as described in paragraph
(a)(9) of this section, except that each groundfish product must be
reported only in metric tons to at least the nearest 0.01 mt.
(iv) Discarded/donated species information. The operator of a
mothership or catcher/processor or the manager of a shoreside processor
must report discarded/donated species information as described in
paragraph (a)(10) of this section, except that each groundfish or
herring discard/donation must be reported only in metric tons to at
least the nearest 0.01 mt.
* * * * *
7. In Sec. 679.7, paragraph (b)(1) is removed. Paragraph (b)(2) is
redesignated as paragraph (a)(13) and the paragraph designation for
(b)(3) is removed.
8. In Sec. 679.20, paragraph (d)(2) is revised to read as follows:
Sec. 679.20 General limitations.
* * * * *
(d) * * *
(2) Groundfish as prohibited species closure. When the Regional
Director determines that the TAC of any target species or the ``other
species'' category specified under paragraph (c) of this section, or
the share of any TAC assigned to any type of gear, has been or will be
achieved prior to the end of a year, NMFS will publish notification in
the Federal Register requiring that target species or the ``other
species'' be treated in the same manner as a prohibited species, as
described under Sec. 679.21(b), for the remainder of the year.
* * * * *
9. In Sec. 679.22, paragraph (g) is added to read as follows:
Sec. 679.22 Closures
* * * * *
(g) Scallop closures and closed areas. See Sec. 679.62(c) and
Sec. 679.62(d).
10. In Sec. 679.23, paragraphs (e)(2)(ii)(B) and (e)(3)(ii) are
revised to read as follows:
Sec. 679.23 Seasons.
* * * * *
(e) * * *
(2) * * *
(ii) * * *
(B) Directed fishing for pollock by the offshore component, or
vessels delivering pollock to the offshore component is prohibited
through 1200 hours, A.l.t., February 5, for those vessels that are used
to fish prior to 1200 hours, A.l.t., January 26, for groundfish in the
BSAI, groundfish in the GOA, as defined at Sec. 679.2, or king or
Tanner crab in the Bering Sea and Aleutian Islands Area, as defined at
Sec. 679.2.
* * * * *
(3) * * *
(ii) CDQ sablefish. Fishing for CDQ sablefish with fixed gear under
an approved CDQ allocation may begin on the effective date of the
allocation, except that it may occur only during the
[[Page 2047]]
IFQ fishing season specified in paragraph (g)(1) of this section.
* * * * *
11. In Table 2 under Group Codes, the entry for Code 169 is amended
by adding the term ``black'', in alphabetical order, to the terms in
parentheses.
Nomenclature Changes
12. In part 679, remove the term ``Regional Director'' wherever it
occurs and add in its place the term ``Regional Administrator''.
13. In part 679, remove the term ``Regional Director's'' wherever
it occurs and add in its place the term ``Regional Administrator's''.
14. In part 679, remove the term ``Director, Alaska Region, NMFS,''
wherever it occurs and add in its place the term ``Administrator,
Alaska Region, NMFS,''.
15. In part 679, remove the term ``Magnuson Act'' wherever it
occurs and add in its place the term ``Magnuson-Stevens Act''.
[FR Doc. 97-1005 Filed 1-14-97; 8:45 am]
BILLING CODE 3510-22-F
