[Federal Register Volume 59, Number 2 (Tuesday, January 4, 1994)]
[Rules and Regulations]
[Pages 258-259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-32102]
[[Page Unknown]]
[Federal Register: January 4, 1994]
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DEPARTMENT OF COMMERCE
50 CFR Part 663
[Docket No. 931244-3344; ID. No. 121493A]
Pacific Coast Groundfish Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; suspension of effectiveness.
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SUMMARY: On November 16, 1992, NMFS promulgated regulations, effective
January 1, 1993, establishing a license-limitation-limited-entry system
for the Pacific Coast commercial groundfish fishery. The regulations,
among other things, require that an owner of a vessel wishing to
participate in the limited-entry fishery have a Federally issued
limited-entry permit endorsed with an appropriate vessel size
endorsement. In view of a delay in issuing certain other regulations
necessary to fully implement this system, this action suspends until
April 1, 1994, the effectiveness of the vessel size endorsement
requirement, which limits variances in vessel length from the length
specified in a permit. The intent of this action is to allow vessel
owners to participate in the limited-entry fishery who would otherwise
be barred from the fishery by the size endorsement requirement.
EFFECTIVE DATE: Effective December 29, 1993, the effectiveness of 50
CFR 633.33(f)(2) is suspended until April 1, 1994.
FOR FURTHER INFORMATION CONTACT:
William L. Robinson at 206-526-6140.
SUPPLEMENTARY INFORMATION: On November 16, 1992, NMFS promulgated
regulations codified at 50 CFR 663.30-663.43, and effective January 1,
1993, establishing a license-limitation-limited-entry system for the
Pacific Coast commercial groundfish fishery. The regulations, among
other things, require that an owner of a vessel wishing to participate
in the limited-entry fishery, have a Federally issued limited-entry
permit endorsed with an appropriate vessel size endorsement.
In general, each limited-entry permit is endorsed with the overall
length of the vessel with which it initially qualified for a permit.
Under 50 CFR 663.33(f)(2), a limited-entry permit endorsed for gear
other than trawl gear may be registered for use with a vessel up to 5
feet (1.52 m) longer than, the same length as, or any length shorter
than, the size endorsed on the existing permit. A limited-entry permit
endorsed for trawl gear may be registered for use with a vessel between
5 feet (1.52 m) shorter, and 5 feet (1.52 m) longer, than the size
endorsed on the existing permit.
Where the owner would like to use a limited entry permit with a
vessel of a length that exceeds the variance, Sec. 663.33(g) allows the
owner to combine two or more limited-entry permits from smaller
vessels, in order to ``step-up'' to a permit for the larger vessel.
However, before any permits may be combined, Sec. 663.33(g) also
requires the Director, Northwest Region, NMFS (Regional Director), with
the professional advice of marine architects and other qualified
individuals, and after consultation with the Pacific Fishery Management
Council (Council), to develop and implement, through amendment of the
regulations, a standardized measure of harvest capacity for the purpose
of determining the appropriate endorsed lengths for limited-entry
permits created by combining two or more permits with smaller size
endorsements.
While the Regional Director has completed the process of
consultation with the appropriate persons and the Council, and has
developed regulations to implement the required standardized measure of
harvest capacity and associated rules for combining permits, the
regulations have not yet been proposed. However, this proposal will
soon be published in the Federal Register for public comment, and a
final rule is expected to be published and to be effective by April 1,
1994.
In anticipation of issuance by January 1, 1994, of the regulations
governing the combining of permits, some vessel owners have acquired
larger vessels and additional limited-entry permits. NMFS estimates
that by January 1, 1994, 30 or more vessel owners will have limited
entry permits endorsed with the size of a qualifying vessel that has
been replaced by a vessel more than 5 feet (1.52m) longer than the
qualifying vessel. Under Sec. 663.33(f)(2), none of these vessel owners
could participate in the fishery until he/she obtains a single permit
endorsed with the size of the larger vessel.
In order to allow limited-entry permit holders in the situation
just described to participate in the limited-entry fishery until the
date by which the Regional Director is expected to have issued the
necessary final rule, NMFS is suspending, until April 1, 1994, the
effectiveness of 663.33(f)(2)--the provision of the regulations
imposing limitations of endorsed length on the use of limited-entry
permits.
Failure to take this action would result in limited-entry permit
owners who have already obtained, or are in the process of obtaining,
additional limited entry permits for combination into a larger permit
being unable to participate in the limited-entry fishery until the
Regional Director issues the necessary final rule. The limited-entry
program is not intended to prevent permit owners from participating in
a fishery for which they have obtained the appropriate limited-entry
permits.
NMFS does not expect this suspension will result in much, if any,
additional harvest capacity entering the limited-entry fishery during
the time of the suspension. The harvest of all major species taken in
the limited-entry fishery during the first 3 months of the calendar
year is controlled with restrictive trip limits that serve as a
disincentive to any permit holders bringing new, large-capacity fishing
vessels into the fishery.
Classification
This final rule is issued under the Magnuson Fishery Conservation
and Management Act, 16 U.S.C. 1801 et seq. Because this rule must be in
effect at the time limited-entry permits are required for participation
in the limited-entry fishery (January 1, 1994) in order to allow vessel
owners who intend to combine permits to participate in the limited-
entry fishery pending establishment of a system to combine permits, it
is unnecessary and not in the public interest to provide prior public
comment under 5 U.S.C. 553(b)(B). Also, because this rule temporarily
relieves a restriction, it is being made effective immediately without
a 30-day delay in effectiveness under 5 U.S.C. 553(d)(1).
List of Subjects in 50 CFR Part 663
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: December 29, 1993.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, the effectiveness of 50
CFR 663.33 (f)(2) is suspended until April 1, 1994.
[FR Doc. 93-32102 Filed 12-29-93; 3:44 pm]
BILLING CODE 3510-22-M
