[Federal Register Volume 60, Number 5 (Monday, January 9, 1995)]
[Rules and Regulations]
[Pages 2344-2350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-407]
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DEPARTMENT OF COMMERCE
50 CFR Part 677
[Docket No. 940412-4360; I.D. 102094A]
RIN 0648-AD80
North Pacific Fisheries Research Plan
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 to clarify and make minor changes to
the regulations implementing the North Pacific Fisheries Research Plan
(Research Plan). This action clarifies 1995 observer coverage
requirements, revises the definition of the term ``processor,''
specifies who is and is not included in the definition of processor,
and exempts certain processors included in the definition from the
requirement to have a Federal Processor Permit. These clarifications
are incorporated as minor revisions to the instructions accompanying
the Federal Processor Permit Application. In addition, the definition
of ``round weight'' is revised to conform it to recent regulatory
changes. This final rule is consistent with the intent of the
regulations implementing the Research Plan and is intended to reduce
confusion during the first year of the fee-collection program
authorized under the Research Plan.
EFFECTIVE DATE: January 4, 1995.
[[Page 2345]] ADDRESSES: Copies of the Research Plan and the
environmental assessment/regulatory impact review (EA/RIR) prepared for
the Research Plan may be obtained from the North Pacific Fishery
Management Council, P.O. Box 103136, Anchorage, AK 99510. Copies of the
Observer Plan may be obtained from Fisheries Management Division,
Alaska Region, NMFS, 709 West 9th Street, Juneau, AK 99801, or P.O. Box
21668, Juneau, AK 99802-1668, Attn: Lori J. Gravel.
FOR FURTHER INFORMATION CONTACT: Susan Salveson, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Regulations implementing the Research Plan became effective October
6, 1994 (59 FR 46126, September 6, 1994). The purpose, and description
of, the Research Plan are contained in the preamble of the Federal
Register action publishing the implementing regulations. A correction
subsequently was published in the Federal Register that delayed
specified parts of the regulations until January 1, 1995 (59 FR 51874,
October 13, 1994).
A proposed rule was published in the Federal Register November 21,
1994 (59 FR 59983) that would revise the regulations implementing the
Research Plan to remove regulatory ambiguity and inconsistency
identified by NMFS. Comments on the proposed rule were invited through
December 3, 1994. No written comments were received during the comment
period.
NMFS has determined that the following changes to the regulations
implementing the Research Plan are consistent with the intent of the
Research Plan, and consequently approves them:
1. The 1995 observer coverage requirements set out at
Sec. 677.10(a)(1)(i)(C) are clarified to continue to exempt from
observer coverage any vessel that delivers unsorted codends to a
processor.
2. The definition of ``processor'' under the Research Plan is
amended to make clear NMFS' interpretation that buying stations are not
considered processors for purposes of the Research Plan, and that
fishermen who transfer fish to persons outside of the United States are
included in the definition.
3. The requirement for a Federal Processor Permit is also revised.
Certain persons, although considered processors under the definition of
that term, are not required to obtain this permit. Fishermen who sell
fish directly to a restaurant or to another individual for use as bait
or personal consumption or fishermen who transfer fish to a person
outside the United States are not required to have a processor permit.
4. The Federal Processor Permit Application (Form FPP-1) is revised
to reflect changes referenced in items 2. and 3., above; and
5. The definition of ``round weight or round-weight equivalent'' is
revised to reflect the recent amendment of the definition of this term
in 50 CFR 672.2 and 675.2 (59 FR 50699, October 5, 1994).
A further description of and justification for these regulatory
amendments are explained in the preamble to the proposed rule.
As presented in the preamble to the proposed rule, NMFS also notes
that the following sections of the Observer Plan remain effective
during the first year of the Research Plan (1995): (1) Standards of
observer conduct (attachment number 3); and (2) the description,
specifications, and work statement for certified domestic observer
contractors, including conflict of interest standards for NMFS-
certified observers and contractors and conditions for contractor and
observer certification revocation (attachment number 4). Copies of the
Observer Plan dated May 1994 are available from NMFS (see ADDRESSES).
After the first year of the Research Plan, standards and criteria
for conduct, certification, conflict of interest, and revocation of
certification of observers and observer contractors will be included as
part of the contractual arrangements between NMFS and observer
contractors.
Changes in the Final Rule From the Proposed Rule
NMFS has implemented one change in the final rule from the proposed
rule to address more effectively the need for revision of the
definition of ``processor.'' The proposed rule clarified that tender
vessels are not processors for purposes of the Research Plan, because
these vessels are used to simply receive unprocessed groundfish from a
vessel for delivery to a shoreside processor or mothership and do not
process that fish. However, NMFS is aware of operations other than
tender vessels that provide this delivery service and, therefore, also
should be excluded from the definition of ``processor'' for purposes of
the Research Plan. As a result, the term ``tender vessel'' is replaced
with the term ``buying station'' at Sec. 677.2 in order to exclude
these other operations from the definition of ``processor.''
Classification
This final rule includes minor revisions to the instructions
accompanying the collection of information approved by the Office of
Management and Budget (OMB), OMB control number 0648-0206 (Processor
Permit Application). No new information is being collected. The number
of persons required to comply with the collection-of-information
requirements is reduced.
The North Pacific Fishery Management Council, NMFS, and the Alaska
Department of Fish and Game prepared a final Regulatory Flexibility
Analysis as part of the RIR prepared for the Research Plan. A copy of
this analysis is available from the Council (see ADDRESSES).
NMFS finds that this final action should be implemented as soon as
possible so that clear instructions may be sent out to the industry
that reflect what will be in place for the 1995 fee collection program
authorized under the Research Plan. Delay in implementing the revisions
would create unnecessary confusion within the fishing industry
concerning implementation of the Research Plan during 1995. Because
this is a substantive rule that relieves a restriction on catcher
vessel owners to apply for a Federal Processor Permit, the 30-day
delayed effectiveness provision of the Administrative Procedure Act, 5
U.S.C. 53(d), does not apply.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
List of Subjects in 50 CFR Part 677
Fisheries, Reporting and recordkeeping requirements.
Dated: December 30, 1994.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 677 is amended
as follows:
PART 677--NORTH PACIFIC FISHERIES RESEARCH PLAN
1. The authority citation for part 677 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 677.2, the definitions of ``processor'' and paragraph
(1) of ``round-weight or round-weight equivalent'' are revised and the
definition of ``buying station'' is added, in alphabetical order, to
read as follows:
Sec. 677.2 Definitions.
* * * * * [[Page 2346]]
Buying station means a person or vessel that receives unprocessed
fish from a vessel for delivery to a shoreside processing facility or
mothership processor vessel and that does not process those fish.
* * * * *
Processor means any shoreside processing facility or vessel that
processes fish, any person who receives fish from fishermen for
commercial purposes, any fisherman who transfers fish outside of the
United States, and any fisherman who sells fish directly to a
restaurant or to an individual for use as bait or personal consumption.
Processor does not include a buying station or a restaurant, or a
person who receives fish from fishermen for personal consumption or
bait.
* * * * *
Round weight or round-weight equivalent means:
(1) For groundfish or halibut--the weight of fish calculated by
dividing the weight of the primary product made from that fish by the
standard product recovery rate for that primary product as listed in
Sec. 672.20(j) of this chapter, or, if not listed, the weight of fish
calculated by dividing the weight of a primary product by the standard
product recovery rate as determined using the best available evidence
on a case-by-case basis.
* * * * *
3. In Sec. 677.4, paragraph (a) is revised to read as follows:
Sec. 677.4 Permits.
(a) General. In addition to the permit and licensing requirements
at Sec. 301.3 of this title and Secs. 672.4, 675.4, and Sec. 676.13 of
this chapter, a processor of fish from a Research Plan fishery must
have a Federal Processor Permit issued by the Regional Director under
this section, except that this requirement does not apply to any
fisherman who transfers fish outside of the United States, or any
fisherman who sells fish directly to a restaurant or to an individual
for use as bait or personal consumption. Federal Processor Permits will
be issued without charge.
* * * * *
4. In Sec. 677.7, paragraph (e) is revised to read as follows:
Sec. 677.7 General prohibitions.
* * * * *
(e) Process or receive fish from a Research Plan fishery without a
valid permit issued pursuant to this part.
* * * * *
5. In Sec. 677.10, paragraph (a)(1)(i)(C) is revised to read as
follows:
Sec. 677.10 General requirements.
(a) * * *
(1) * * *
(i) * * *
(C) A catcher/processor or catcher vessel 125 ft. (38.1 m) LOA or
longer must carry a NMFS-certified observer during 100 percent of its
fishing days while fishing for groundfish, except for a vessel fishing
for groundfish with pot gear as provided in paragraph (a)(1)(i)(F) of
this section.
* * * * *
Figure 1 to Part 677 [Amended]
6. Figure 1 to part 677, Federal Processor Permit Application (Form
FPP-1), is revised to read as follows:
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[[Page 2347]]
[GRAPHIC][TIFF OMITTED]TR09JA95.000
[[Page 2348]]
[GRAPHIC][TIFF OMITTED]TR09JA95.001
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[[Page 2349]]
Instructions
A separate application must be completed for each vessel or
processor. Type or print legibly in ink; retain a copy of completed
application. Completed forms should be mailed to: NMFS Alaska
Region, P.O. Box 21668, Juneau, AK 99802-1668. If you have any
questions, please call Enforcement at 907-586-7225.
Block A--Permit Amendment Information
If you already have a valid Federal permit, but the information
originally provided on your application has changed, you should fill
out this block. Provide your current Federal Fisheries Permit number
and/or your Federal Processor Permit number, and check the item(s)
that have changed. Written notification of changes must be received
within 10 days of the date of the change.
Block B--Vessel Information
Complete Block B if the permit is for a vessel.
Vessel Name--Enter complete vessel name as displayed in official
documentation.
ADF&G Number--Enter 5-digit State of Alaska Department of Fish &
Game (ADF&G) number (example: 51233).
Coast Guard Number--Enter Coast Guard documentation number
(example 566722) or state registration number (example: AK3456C).
Homeport--Enter homeport (city and state) as recorded in
official documentation.
Length Overall--Enter the vessel's length overall in feet, which
is defined as the horizontal distance, rounded to the nearest foot,
between the foremost part of the stem and the aftermost part of the
stern, excluding bowsprits, rudders, outboard motor brackets, and
similar fittings or attachments.
Net Tonnage--Enter registered net tonnage (U.S. tons) as stated
in official documentation.
Vessel Telephone, FAX, and INMARSAT Numbers--Enter telephone,
FAX, and INMARSAT (satellite communication) numbers used onboard the
vessel.
Block C--Shoreside Processor Information
Complete Block C if the permit is for a shoreside processor,
which is defined as any person, that receives unprocessed fish,
except Catcher/Processors, Mothership Processor Vessels, Buying
stations, restaurants, or persons buying fish from fishermen for use
as bait or personal consumption.
Processor Name--Enter complete name as displayed in official
documentation.
Business Street Address--Enter complete street address of the
shoreside processing facility, including street number, city, state
and zip code.
ADF&G Processor Code--Enter the Alaska Department of Fish and
Game Processor Number assigned to the processor.
Telephone and FAX Numbers--Enter telephone and FAX numbers used
at the shoreside processor.
Block D--Owner Information
Enter information on the owner of the vessel listed in block B
or the shoreside processor listed in block C.
Owner Name(s)--Enter the full name(s) of the vessel or processor
owner(s). If there is more than one owner, list the principal owner
first; the permit will be issued to the first owner listed, with an
ET AL. notation. The permit MUST be issued to the owner of the
vessel or processor, not operators or lessees.
Business Mailing Address--Enter your complete PERMANENT business
mailing address, including state and zip code. Your permit will be
sent to this address. If you need to have your permit sent to a
different address, please enter your PERMANENT business address on
the application and attach a note with your alternate address.
Managing Company--Enter the name of any company (other than the
owner) that manages the operations of your vessel or processor.
Telephone and FAX Numbers--Enter telephone and FAX numbers used
by the vessel or processor owner. It is very important that you
provide a telephone number where we can contact you, or where we can
leave messages for you; if questions arise concerning your
application and we cannot contact you by telephone, issuance of your
permit will be delayed.
Block E--Federal Fisheries Permit Information
Federal Fisheries Permits are required for all vessels
conducting groundfish operations in the 3-200 mile zone off Alaska.
This includes vessels fishing for groundfish, vessels processing
groundfish, and support vessels assisting other groundfish vessels.
``Groundfish'' means pollock, Pacific cod, sablefish, Atka mackerel,
rockfish, smelt, eulachon, capelin, sharks, skates, sculpins,
octopus, squid, and any species of flatfish except Pacific halibut.
Fisheries--Indicate the fishery or fisheries for which you are
applying. You may apply for a single fishery or both.
Vessel Operations Categories--Indicate the type of operations
you conduct in the groundfish fishery. Check Support Vessel, or any
combination of Catcher Vessel, Catcher/Processor, Mothership, and
Tender Vessel. (A vessel permitted as a Catcher Vessel, Catcher/
Processor, Mothership, and/or Tender Vessel may conduct all
operations authorized for a Support Vessel.) These categories are
defined as follows:
Catcher Vessel--A vessel that is used for catching fish and that
does not process onboard.
Catcher/Processor--A vessel that is used for catching fish and
processing that fish.
Mothership--A vessel that receives and processes fish from other
vessels.
Tender Vessel--A vessel that is used to transport unprocessed
fish received from another vessel to a shoreside processor,
mothership, or buying station.
Support Vessel--Any vessel that is used in support of a
permitted vessel, including, but not limited to, supplying a fishing
vessel with water, fuel, provisions, fishing equipment, fish
processing equipment or other supplies, or transporting processed
fish. This category does not include processors or Tender Vessels.
Processing is defined as the preparation of fish to render it
suitable for human consumption, industrial uses, or long-term
storage, including but not limited to cooking, canning, smoking,
salting, drying, freezing, or rendering into meal or oil, but does
not mean icing, bleeding, or gutting.
Gear Type--Groundfish Catcher Vessels and Catcher/Processors
need to indicate the gear type(s) used for groundfish operations.
Catcher Vessels Only--Indicate whether the only groundfish you
retain is bycatch from halibut, crab, or salmon fisheries, or
whether the only groundfish you expect to target on is blackcod in
the Gulf of Alaska. Your answers will not restrict you from
participating in other groundfish fisheries; they will only be used
to determine whether NMFS will send you a 25-page Catcher Vessel
logbook, or a 50-page logbook.
Block F--Federal Processor Permit Information
Any shoreside facility or vessel that processes fish from
Research Plan fisheries for commercial use or consumption and any
person, except restaurants or buying stations, who receives fish
from fishermen for commercial purposes must have a Federal Processor
Permit.
Indicate the fishery or fisheries for which you are applying.
You may apply for a single fishery or any combination.
Indicate the semi-annual period for which you are applying. You
may not apply for both periods. Processors who receive permits for
January 1-June 30 will receive renewal applications for permits for
the second half of the year. All Research Plan fees must be paid
before the next semi-annual processor permit will be issued.
Block G--Signature
The owner must sign and date the application certifying that all
information is true, correct, and complete to the best of the
owner's knowledge and belief. The application will be considered
incomplete without this signature.
Logbooks
If you apply for a Federal Fisheries Permit, you will receive a
logbook for each Vessel Operations Category that you check. For
example, if you check Catcher Vessel and Catcher/Processor, you will
receive a Catcher Vessel Daily Fishing Logbook AND a Catcher/
Processor Daily Cumulative Production Logbook. There are two
exceptions:
Support Vessels do not receive logbooks.
Vessels under 5 net tons do not receive logbooks.
A Shoreside Processor logbook will also be sent with each
Federal Processor Permit for groundfish issued to a shoreside
processor. A Mothership logbook will be sent with each Federal
Processor Permit for groundfish issued to a vessel that does not
also have a Federal Fisheries Permit.
Special Handling of Permits
Please allow at least 10 days for processing your permit. Do not
wait until right before an opening to apply for your permit--we may
not be able to get it to you in time. You may fax your permit
application to us at 907-586-7313, but we cannot fax your permit
back to you. [[Page 2350]]
We cannot pay for express mailing if you do apply late. We can
express mail your permit to you only if you send us an express mail
envelope with the correct amount of postage prepaid. Please send the
largest envelope available, approximately 12'' x 18'' or send
express mail stamps UNATTACHED to an envelope. If the express mail
envelope you send is too small or does not have enough postage
attached, we will be required to send your permit and logbooks to
you by regular U.S. mail. Keep in mind that we send the appropriate
logbook(s) WITH Federal Fisheries Permits for groundfish and with
Federal Processor Permits. See Logbooks on the preceding page to
determine what logbook(s) you will be sent, if any. Following is the
approximate size and weight of each logbook:
------------------------------------------------------------------------
Dimensions Weight
------------------------------------------------------------------------
Catcher Vessel logbook................. 9'' x 12.5'' 3 lbs. 9 oz.
Catcher/Processor logbook.............. 9'' x 12.5'' 4 lbs. 2 oz.
Mothership logbook..................... 9'' x 12.5'' 2 lbs.
Buying Station logbook................. 9'' x 12.5'' 3 lbs. 11 oz.
Shoreside Processor logbook............ 11'' x 17'' 4 lbs. 10 oz.
------------------------------------------------------------------------
Other Fisheries and Licenses
Salmon Power Troll--State of Alaska Interim Use and Limited
Entry Power Troll licenses serve as a Federal permit. If you do not
currently possess either State license, a Federal permit may be
issued provided that sometime during the years 1975-1977, you: a)
operated a vessel in the 3-200 mile zone off Alaska; b) engaged in
commercial fishing for salmon from that vessel in the 3-200 mile
zone off Alaska; AND c) landed salmon caught with power troll gear.
If you believe that you meet these conditions, please contact NMFS
at 907-586-7225. You will be required to provide fish tickets or
other landing receipts showing compliance with the above
requirements.
Halibut--A Federal Processor Permit is required for anyone that
processes Pacific halibut off Alaska. In addition, vessels that fish
for halibut are required to have a license from the International
Pacific Halibut Commission (IPHC). Questions regarding IPHC licenses
should be directed to: International Pacific Halibut Commission,
P.O. Box 95009, Seattle, WA 98145-2009. Phone: 206-634-1838.
Tanner Crab and King Crab--State of Alaska area registration
serves as the required Federal area registration.
State of Alaska Permits--Contact the Commercial Fisheries Entry
Commission at 907-789-6150 for information on State of Alaska
permits and regulations.
Public Reporting Burden Statement
NMFS estimates that the public reporting burden will average
0.33 hour per response for completing the Federal Fisheries Permit
and Federal Processor Permit application, including the time for
reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding these burden
estimates or any other aspect of the data requirements, including
suggestions for reducing the burden, to Ronald J. Berg, Chief,
Fisheries Management Division, Alaska Region, National Marine
Fisheries Service, P.O. Box 21668, Juneau, AK 99802 (Attn: Lori
Gravel), and to the Office of Management and Budget, Paperwork
Reduction Project (0648-0206), Washington, DC 20503 (Attn: NOAA Desk
Officer).
[FR Doc. 95-407 Filed 1-4-95; 1:25 pm]
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