[Federal Register Volume 60, Number 221 (Thursday, November 16, 1995)]
[Rules and Regulations]
[Pages 57546-57547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28204]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
50 CFR Part 676
[Docket No. 940683-4277; I.D. 110695C]
RIN 0648-AE79
Limited Access Management of Federal Fisheries In and Off of
Alaska; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document contains a correction to the final rule that was
published Friday, October 7, 1994. This document republishes the
regulatory text describing a ``qualified person'' under the Individual
Fishing Quota (IFQ) program for the fixed gear fishery for Pacific
halibut and sablefish in and off of Alaska.
EFFECTIVE DATE: November 7, 1994.
FOR FURTHER INFORMATION CONTACT: John Lepore, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Under Sec. 676.20, initial allocation of Pacific halibut and
sablefish quota share (QS) is assigned to qualified persons based upon
specified criteria (e.g., qualifying years, evidence of vessel
ownership, evidence of vessel lease, evidence of legal landings, vessel
categories). These criteria were published in the final rule
implementing the IFQ system for Pacific halibut and sablefish,
Amendment 15 to the Fishery Management Plan (FMP) for the Groundfish
Fishery of the Bering Sea and Aleutian Islands Area (BSAI) and
Amendment 20 to the FMP for Groundfish of the Gulf of Alaska (GOA), and
appear at 58 FR 59406 (November 9, 1993).
The IFQ system was revised with the implementation of a Modified
Block Proposal to clarify the transfer process for QS and to prevent
excessive consolidation in the Pacific halibut and sablefish fisheries,
Amendment 31 to the FMP for the Groundfish Fishery of the Bering Sea
and Aleutian Islands Area and Amendment 35 to the FMP for Groundfish of
the Gulf of Alaska. The proposed rule was published June 28, 1994 (59
FR 33272) and the final rule was published October 7, 1994 (59 FR
51135). Neither Amendment 31 or 35 indicated that the criteria for a
qualified person or the vessel categories under the original IFQ
program were to be revised. Although there is some confusion in the
proposed and final rule implementing Amendments 31 and 35, the preamble
to the final rule (59 FR 51136, October 7, 1994) explicitly states:
1. The amendatory language to Sec. 676.20 in the proposed rule
was numbered in such a manner that existing paragraphs (a)(1)
Qualified persons and (a)(2) Vessel categories would have been
deleted. This was a technical oversight. Paragraphs (a)(1) and
(a)(2) will remain as published on November 9, 1993 (59 FR 59375)
and will not be amended by this final rule.
NMFS interpreted the final rule as stated above and circulated
copies of the regulations with paragraphs (a)(1) and (a)(2) as
published at 58 FR 59375 (November 9, 1993). Not withstanding the
explicit statement in the preamble and NMFS' interpretation of this
provision, the amending instruction for Sec. 678.20 was not clear and
could be construed as deleting paragraphs (a)(1) and (a)(2). See 59 FR
51138 (October 7, 1995). Consequently, NMFS is issuing this correction
and republishing the criteria of Sec. 676.20(a)(1) and (a)(2).
List of Subjects in 50 CFR Part 676
Fisheries, Reporting and recordkeeping requirements.
Dated: November 8, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
Accordingly, 50 CFR part 676 is amended by making the following
correction:
PART 676--LIMITED ACCESS MANAGEMENT OF FEDERAL FISHERIES IN AND OFF
OF ALASKA
1. The authority citation for 50 CFR part 676 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq. and 1801 et seq.
2. In Sec. 676.20, paragraphs (a)(1) and (a)(2) are added to read
as follows:
Sec. 676.20 Individual allocations.
(a) * * *
(1) Qualified person. As used in this section, a ``qualified
person'' means a ``person,'' as defined in Sec. 676.11 of this part,
that owned a vessel that made legal landings of halibut or sablefish,
harvested with fixed gear, from any IFQ regulatory area in any QS
qualifying year. A person is a qualified person also if (s)he leased a
vessel that made legal landings of halibut or sablefish, harvested with
fixed gear, from any IFQ regulatory area in any QS qualifying year. A
person who owns a vessel cannot be a qualified person based on the
legal fixed gear landings of halibut or sablefish made by a person who
leased the vessel for the duration of the lease. Qualified persons, or
their successors-in-interest, must exist at the time of their
application for QS. A former partner of a dissolved partnership or a
former shareholder of a dissolved corporation who would otherwise
qualify as a person may apply for QS in proportion to his interest in
the dissolved partnership or corporation. Sablefish harvested within
Prince William Sound, or under a State of Alaska limited entry program,
will not be considered in determining whether a person is a qualified
person.
(i) A QS qualifying year is 1988, 1989, or 1990.
(ii) Evidence of vessel ownership shall be limited to the following
documents, in order of priority:
(A) For vessels required to be documented under the laws of the
United States, the U.S. Coast Guard abstract of title issued in respect
of that vessel;
(B) A certificate of registration that is determinative as to
vessel ownership; and
(C) A bill of sale.
(iii) Conclusive evidence of a vessel lease will include a written
vessel lease agreement or a notarized statement from the vessel owner
and lease holder attesting to the existence of a vessel lease agreement
at any time during the QS qualifying years. Conclusive evidence of a
vessel lease must identify the leased vessel and indicate the name of
the lease holder and the period of time during which the lease was in
effect. Other evidence, which may not be conclusive, but may tend to
support a vessel lease, may also be submitted.
(iv) Evidence of ownership interest in a dissolved partnership or
corporation shall be limited to corporate documents (e.g., articles of
incorporation) or notarized statements signed by each
[[Page 57547]]
former partner, shareholder or director, and specifying their
proportions of interest.
(v) As used in this section, a ``legal landing of halibut or
sablefish'' means halibut or sablefish harvested with fixed gear and
landed in compliance with state and Federal regulations in effect at
the time of the landing. Evidence of legal landings shall be limited to
documentation of state or Federal catch reports that indicate the
amount of halibut or sablefish harvested, the IPHC regulatory area or
groundfish reporting area in which it was caught, the vessel and gear
type used to catch it, and the date of harvesting, landing, or
reporting. State catch reports are Alaska, Washington, Oregon, or
California fish tickets. Federal catch reports are weekly production
reports required under Secs. 672.5(c) and 675.5(c) of this chapter.
Sablefish harvested within Prince William Sound, or under a State of
Alaska limited entry program, will not be considered in determining
qualification to receive QS, nor in calculating initial QS.
(2) Vessel categories. Vessel categories include:
(i) Category A--freezer vessels of any length;
(ii) Category B--catcher vessels greater than 60 feet (18.3 meters)
in length overall;
(iii) Category C--catcher vessels less than or equal to 60 feet
(18.3 meters) in length overall for sablefish, or catcher vessels
greater than 35 feet (10.7 meters) but less than or equal to 60 feet
(18.3 meters) in length overall for halibut; and
(iv) Category D--catcher vessels that are less than or equal to 35
feet (10.7 meters) in length overall for halibut.
* * * * *
[FR Doc. 95-28204 Filed 11-15-95; 8:45 am]
BILLING CODE 3510-22-F
