97-10462. Fisheries of the Exclusive Economic Zone Off Alaska; High Seas Salmon Fishery Off Alaska  

  • [Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
    [Rules and Regulations]
    [Pages 19686-19690]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-10462]
    
    
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    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration
    
    50 CFR Parts 674 and 679
    
    [Docket No. 970326069-7069-01; I.D. 022597F]
    RIN 0648-AJ38
    
    
    Fisheries of the Exclusive Economic Zone Off Alaska; High Seas 
    Salmon Fishery Off Alaska
    
    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
    Atmospheric Administration (NOAA), Commerce.
    
    ACTION: Final rule and technical amendment.
    
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    SUMMARY: NMFS is consolidating 50 CFR part 674 into 50 CFR part 679 as 
    part of the President's Regulatory Reform Initiative. NMFS is also 
    correcting a technical error in regulations implementing pelagic trawl 
    performance standards for the Alaska groundfish trawl fleet. NMFS is 
    also correcting cross-references contained in the Individual Fishing 
    Quota program and in the recordkeeping and reporting requirements.
    
    EFFECTIVE DATE: May 23, 1997.
    
    ADDRESSES: Comments on the collection-of-information requirements 
    repromulgated by this rule may be sent to the Office of Information and 
    Regulatory Affairs (OIRA), Office of Management and Budget (OMB)(0648-
    0206), Washington, DC 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:
    
    Final Rule
    
        The Magnuson-Stevens Fishery Conservation and Management Act 
    authorizes the North Pacific Fishery Management Council (Council) to 
    prepare and amend fishery management plans for any fishery in waters 
    under its jurisdiction. In December 1978, the Council prepared the 
    Fishery Management Plan for the High Seas Salmon Fishery off the Coast 
    of Alaska East of 175 deg. E. Long. (Salmon FMP) and submitted it to 
    the Secretary of Commerce (Secretary) for approval. On May 3, 1979, the 
    Secretary approved the Salmon FMP, and it was implemented in May 1979 
    by Federal regulations at 50 CFR part 674.
        As a result of the President's Regulatory Reform Initiative (61 FR 
    31228, June 19, 1996), NMFS removed parts 671, 672, 673, 675, 676, and 
    677 of title 50 CFR and consolidated the regulations contained therein 
    into one new part, 50 CFR part 679. The consolidation of 50 CFR part 
    674, the regulations implementing the Salmon FMP, was delayed due to 
    extensive review of the management of the High Seas Salmon Fishery by 
    NMFS. This final rule removes 50 CFR part 674 and consolidates the 
    regulations contained therein into 50 part 679. This action provides 
    the public with a single reference source for the Federal fisheries 
    regulations specific to the EEZ off Alaska and results in regulations 
    that are more concise and easier to use.
    
    Technical Amendment
    
        Regulations implementing 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 appear 
    at 50 CFR part 679. Due to the complexity of the consolidation of the 
    six parts into part
    
    [[Page 19687]]
    
    679 and the reorganization of material contained therein, an error was 
    introduced into the regulatory text. The original intent of regulations 
    at Sec. 679.7(b) and (c)(3) was to prohibit the possession of 20 or 
    more crabs by the operator of a vessel using trawl gear when directed 
    fishing with nonpelagic trawl gear is prohibited. The final rule 
    implementing this provision was published in the Federal Register on 
    July 26, 1993 (58 FR 39680), and correctly implemented the intent of 
    regulations. NMFS is correcting regulations that, during the 
    consolidation of regulations at 50 CFR part 679, inadvertently changed 
    the regulatory language implementing this provision and also omitted 
    its application to the GOA.
        NMFS is correcting a cross-reference contained in the introductory 
    text to Sec. 679.42(j). The last sentence of this paragraph references 
    Sec. 676.41(c). Part 676 in title 50 of the CFR was removed as part of 
    NMFS' consolidation of Alaska-related regulations. The regulations 
    contained in part 676 were consolidated in part 679. However, when NMFS 
    published the final rule implementing Amendments 33 and 37 to the BSAI 
    and GOA FMPs, respectively, an error was inadvertently introduced into 
    the regulatory text. Reference was made to part 676 rather than the 
    newly consolidated Alaska regulations contained in part 679 (June 27, 
    1996, 61 FR 33385). This action corrects the cross-reference contained 
    in the introductory text to paragraph (j) of Sec. 679.41.
        NMFS is also correcting a cross-reference contained in 
    Sec. 679.5(a)(1). On September 24, 1996, NMFS issued a final rule, 
    technical amendment which clarified the recordkeeping requirements for 
    catcher vessels under 60 ft (18.3m) length overall by specifically 
    exempting them from the requirement to comply with recordkeeping and 
    reporting requirements contained in Sec. 679.5(a)-(k). However, a 
    cross-reference error was inadvertently introduced into the regulatory 
    text in Sec. 679.5(a)(1). The cross-reference currently reads 
    ``paragraph (a)(iii)''. This action corrects the cross-reference 
    contained in Sec. 679.5(a)(1) to read ``paragraph (a)(1)(iii)''.
    
    Classification
    
        This final rule makes only nonsubstantive changes to existing 
    regulations issued after prior notice and an opportunity for public 
    comment. This technical amendment makes only minor, non-substantive 
    corrections to an existing rule. Therefore, 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 a general notice of proposed rulemaking is not required to 
    be published for this rule by 5 U.S.C. 553 or by any other law, this 
    rule is exempt from the Regulatory Flexibility Act requirement to 
    prepare 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 PRA unless that collection of information displays a currently 
    valid OMB control number.
        This rule contains a collection of information requirement subject 
    to the PRA that has already been approved by OMB under control number 
    0648-0206. The estimated response time for this requirement is 0.50 
    hours for a permit application for high seas trollers in the salmon 
    fishery. The estimated response time shown includes 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 
    the burden, to NMFS and OIRA, OMB (see ADDRESSES).
        This final rule has been determined to be not significant for 
    purposes of E.O. 12866. The technical amendment makes minor technical 
    changes to a rule that has been determined to be not significant for 
    purposes of E.O. 12866. No changes in the regulatory impact previously 
    reviewed and analyzed will result from implementation of this technical 
    amendment.
    
    List of Subjects
    
    50 CFR Part 674
    
        Fisheries, Fishing, Reporting and recordkeeping requirements.
    
    50 CFR Part 679
    
        Fisheries, Reporting and recordkeeping requirements.
    
        Dated: April 16, 1997.
    Nancy Foster,
    Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
    Service.
        For reasons set out in the preamble, 50 CFR chapter VI is amended 
    as follows:
    
    PART 674--HIGH SEAS SALMON FISHERY OFF ALASKA [REMOVED]
    
        1. Under the authority of 16 U.S.C. 1801 et seq. and 16 U.S.C. 3631 
    et seq., part 674 is removed.
    
    PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
    
        2. The authority citation for 50 CFR part 679 is revised to read as 
    follows:
    
        Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.
    
        3. In Sec. 679.1, paragraph (i) is added to read as follows:
    
    
    Sec. 679.1  Purpose and scope.
    
    * * * * *
        (i) Fishery Management Plan for the High Seas Salmon Fishery off 
    the Coast of Alaska East of 175 Degrees East Longitude (Salmon FMP). 
    Regulations in this part govern fishing for salmon by fishing vessels 
    of the United States in the EEZ seaward of Alaska east of 175 deg. E. 
    long., referred to as the High Seas Salmon Management Area.
        4. In Sec. 679.2, the introductory paragraph of the definition of 
    ``Authorized fishing gear'' and the definition of ``Optimum yield''are 
    revised; and paragraphs (13) and (14) of the definition of ``Authorized 
    fishing gear'', the definition of ``Commercial fishing'', the 
    definition of ``High Seas Salmon Management Area'', paragraph (3) of 
    the definition of ``Person'', and the definitions of ``Personal use 
    fishing'' and ``Salmon'' are added to read as follows:
    
    
    Sec. 679.2  Definitions.
    
    * * * * *
        Authorized fishing gear means fixed gear, hook-and-line, jig, 
    longline, longline pot, nonpelagic trawl, nontrawl, pelagic trawl, pot-
    and-line, trawl, hand troll gear, and power troll gear: * * *
        (13) Hand troll gear means, for purposes of the High Seas Salmon 
    Fishery, one or more lines with lures or hooks attached, drawn through 
    the water behind a moving vessel, and retrieved by hand or hand-cranked 
    reels or gurdies and not by any electrically, hydraulically, or 
    mechanically-powered device or attachment.
        (14) Power troll gear means, for purposes of the High Seas Salmon 
    Fishery, one or more lines, with hooks or lures attached, drawn through 
    the water behind a moving vessel, and originating from a power gurdy or 
    power-driven spool fastened to the
    
    [[Page 19688]]
    
    vessel, the extension or retraction of which is directly to the gurdy 
    or spool.
    * * * * *
        Commercial fishing, for purposes of the High Seas Salmon Fishery, 
    means fishing for fish for sale or barter.
    * * * * *
        High Seas Salmon Management Area means the portion of the EEZ off 
    Alaska east of 175 degrees E. long. The High Seas Salmon Management 
    Area is divided into a West Area and an East Area:
        (1) The West Area consists of the waters of the High Seas Salmon 
    Management Area which are west of 143 deg.53'36'' W. long. (Cape 
    Suckling).
        (2) The East Area consists of the waters of the High Seas Salmon 
    Management Area east of 143 deg.53'36'' W. long.
    * * * * *
        Optimum yield means:
        (1) With respect to the High Seas Salmon Fishery, that amount of 
    any species of salmon which will provide the greatest overall benefit 
    to the Nation, with particular reference to food production and 
    recreational opportunities, as specified in the Salmon FMP.
        (2) With respect to the groundfish fisheries, see 
    Sec. 679.20(a)(1).
    * * * * *
        Person * * *
        (3) For purposes of High Seas Salmon Fishery permits issued under 
    Sec. 679.4(h), the term ``person'' excludes any nonhuman entity.
        Personal use fishing means, for purposes of the High Seas Salmon 
    Fishery, fishing other than commercial fishing.
    * * * * *
        Salmon means the following species:
        (1) Chinook (or king) salmon (Oncorhynchus tshawytscha);
        (2) Coho (or silver) salmon (O. kisutch);
        (3) Pink (or humpback) salmon (O. gorbuscha);
        (4) Sockeye (or red) salmon (O. nerka); and
        (5) Chum (or dog) salmon (O. keta).
    * * * * *
        5. In Sec. 679.3, paragraph (f) is added to read as follows:
    
    
    Sec. 679.3  Relation to other laws.
    
    * * * * *
        (f) Domestic fishing for high seas salmon. (1) Additional 
    regulations governing the conservation and management of high seas 
    salmon are set forth in Sec. 600.705 of this chapter.
        (2) This part does not apply to fishing for salmon by vessels other 
    than vessels of the United States conducted under subpart H, part 660 
    (West Coast Salmon Fisheries) under the North Pacific Fisheries Act of 
    1954, 16 U.S.C. 1021-1035, concerning fishing for salmon seaward of 
    Washington, Oregon, and California.
        (3) The High Seas Salmon Fishery is administered in close 
    coordination with ADF&G's administration of the State of Alaska's 
    regulations governing the salmon troll fishery off Southeast Alaska. 
    Because no commercial fishing for salmon is allowed in the EEZ west of 
    Cape Suckling, all commercial salmon fishing west of Cape Suckling must 
    take place in Alaska's territorial sea and, consequently, is subject to 
    Alaska's management authority.
        (4) For State of Alaska statutes and regulations governing 
    commercial fishing, see Alaska Statutes, title 16--Fish and Game; title 
    5 of the Alaska Administrative Code, chapters 1-39.
        (5) For State of Alaska regulations specifically governing the 
    salmon troll fishery, see 5 Alaska Administrative Code 30 (Yakutat 
    Area), and 5 Alaska Administrative Code 33 (Southeastern Alaska Area).
        (6) For State of Alaska statutes and regulations governing sport 
    and personal use salmon fishing other than subsistence fishing, see 
    Alaska Statutes, title 16--Fish and Game; 5 Alaska Administrative Codes 
    42.010 through 75.995.
        (7) For State of Alaska statutes and regulations governing 
    subsistence fishing, see Alaska Statutes, title 16--Fish and Game; 5 
    Alaska Administrative Codes 01, 02, 39, and 99.010.
        6. In 679.4, paragraph (h) is added to read as follows:
    
    
    Sec. 679.4  Permits.
    
    * * * * *
        (h) High Seas Salmon permits--(1) Operators of commercial fishing 
    vessels using power troll gear. The operator of a fishing vessel using 
    power troll gear may engage in commercial fishing for salmon in the 
    High Seas Salmon Management Area if the operator:
        (i) Held a valid State of Alaska power troll permanent entry permit 
    on May 15, 1979, or is a transferee under paragraph (h)(13) of this 
    section from an operator who held such a permit on that date;
        (ii) Held a valid State of Alaska power troll interim use permit on 
    May 15, 1979; or
        (iii) Holds a High Seas Salmon Fishery permit issued by the 
    Regional Administrator under paragraph (h)(7) of this section.
        (2) Crew members and other persons not the operator of a commercial 
    fishing vessel using power trawl gear. Crew members or other persons 
    aboard but not the operator of a fishing vessel may assist in the 
    vessel's commercial salmon fishing operations in the High Seas 
    Management Area without a permit if a person described in paragraph 
    (h)(1)(i) through (iii) of this section is also aboard the vessel and 
    is engaged in the vessel's commercial fishing operations.
        (3) Personal use fishing. Any person who holds a valid State of 
    Alaska sport fishing license may engage in personal use fishing in the 
    High Seas Salmon Management Area.
        (4) Duration. Authorization under this paragraph (h) to engage in 
    fishing for salmon in the High Seas Salmon Management Area constitutes 
    a use privilege which may be revoked or modified without compensation.
        (5) Eligibility criteria for permits issued by the Regional 
    Administrator. (i) Any person is eligible to be issued a High Seas 
    Salmon Fishery permit under paragraph (h)(7) of this section if that 
    person, during any one of the calendar years 1975, 1976, or 1977:
        (A) Operated a fishing vessel in the High Seas Salmon Management 
    Area.
        (B) Engaged in commercial fishing for salmon in the High Seas 
    Salmon Management Area.
        (C) Caught salmon in the High Seas Salmon Management Area using 
    power troll gear.
        (D) Landed such salmon.
        (ii) The following persons are not eligible to be issued a High 
    Seas Salmon Fishery permit under paragraph (h)(7) of this section:
        (A) Persons described in paragraph (h)(1)(i) or (h)(1)(ii) of this 
    section.
        (B) Persons who once held but no longer hold a State of Alaska 
    power troll permanent entry or interim-use permit.
        (6) Application. Applications for a High Seas Salmon Fishery permit 
    must be in writing, signed by the applicant, and submitted to the 
    Regional Administrator, at least 30 days prior to the date the person 
    wishes to commence fishing, and must include:
        (i) The applicant's name, mailing address, and telephone number.
        (ii) The vessel's name, USCG documentation number or State of 
    Alaska registration number, home port, length overall, registered 
    tonnage, and color of the fishing vessel.
        (iii) The type of fishing gear used by the fishing vessel.
        (iv) State of Alaska fish tickets or other equivalent documents 
    showing the actual landing of salmon taken in the High Seas Salmon 
    Management Area by the applicant with power troll gear during any one 
    of the years 1975 to 1977.
        (7) Issuance. (i) Except as provided in subpart D of 15 CFR part 
    904, upon
    
    [[Page 19689]]
    
    receipt of a properly completed application, the Regional Administrator 
    will determine whether the permit eligibility conditions have been met, 
    and if so, will issue a High Seas Salmon Fishery permit.
        (ii) If the permit is denied, the Regional Administrator will 
    notify the applicant in accordance with paragraph (h)(16) of this 
    section.
        (iii) If an incomplete or improperly completed permit application 
    is filed, the Regional Administrator will notify the applicant of the 
    deficiency. If the applicant fails to correct the deficiency within 30 
    days following the date of receipt of notification, the application 
    shall be considered abandoned.
        (8) Amended application. Any person who applies for and receives a 
    High Seas Salmon Fishery permit issued under paragraph (h)(7) of this 
    section must notify the Regional Administrator within 30 days of a 
    change in any of the information submitted under paragraph (h)(6) of 
    this section.
        (9) Replacement. Replacement permits may be issued for lost or 
    unintentionally mutilated permits. An application for a replacement 
    permit shall not be considered a new application.
        (10) Display. Any permit or license described in paragraph (h)(1) 
    or (h)(3) of this section must be on board the vessel at all times 
    while the vessel is in the High Seas Salmon Management Area.
        (11) Inspection. Any permit or license described in paragraph 
    (h)(1) or (h)(3) of this section must be presented for inspection upon 
    request by an authorized officer.
        (12) Sanctions. Procedures governing permit sanctions and denials 
    are found at subpart D of 15 CFR part 904.
        (13) Transfer of authority to fish in the High Seas Salmon 
    Management Area--(i) State of Alaska power troll permanent entry 
    permits. The authority of any person to engage in commercial fishing 
    for salmon using power troll gear in the High Seas Salmon Management 
    Area shall expire upon the transfer of that person's State of Alaska 
    power troll permanent entry permit to another and shall be transferred 
    to the new holder of that permit.
        (ii) Transfer of Authority by the Regional Administrator. (A) Any 
    person to whom the proposed transfer of a State of Alaska power troll 
    permanent entry permit is denied by the State of Alaska may apply, with 
    the consent of the current holder of that permit, to the Regional 
    Administrator for transfer to the applicant of the current holder's 
    authority to engage in commercial fishing for salmon using power troll 
    gear in the High Seas Salmon Management Area.
        (B) The application for transfer shall be filed with the Regional 
    Administrator within 30 days of the denial by the State of Alaska of 
    the proposed transfer of the permit.
        (C) The application for transfer shall include all documents and 
    other evidence submitted to the State of Alaska in support of the 
    proposed transfer of the permit and a copy of the State of Alaska's 
    decision denying the transfer of the permit. The Regional Administrator 
    may request additional information from the applicant or from the State 
    of Alaska to assist in the consideration of the application.
        (D) The Regional Administrator shall approve the transfer if it is 
    determined that:
        (1) The applicant had the ability to participate actively in the 
    fishery at the time the application for transfer of the permit was 
    filed with the State of Alaska.
        (2) The applicant has access to power troll gear necessary for 
    participation in the fishery.
        (3) The State of Alaska has not instituted proceedings to revoke 
    the permit on the ground that it was fraudulently obtained.
        (4) The proposed transfer of the permit is not a lease.
        (E) Upon approval of the transfer application by the Regional 
    Administrator, the authority of the permit holder to engage in 
    commercial fishing for salmon in the High Seas Salmon Management Area 
    using power troll gear shall expire, and that authority shall be 
    transferred to the applicant.
        (14) Other Permits. (i) Except for emergency transfers under 
    paragraph (h)(15) of this section, the authority of any person 
    described in paragraph (h)(1)(ii), (h)(1)(iii), or (h)(3) of this 
    section to fish for salmon in the High Seas Salmon Management Area, may 
    not be transferred to any other person.
        (ii) Except for emergency transfers under paragraph (h)(15) of this 
    section, the authority to engage in commercial fishing for salmon which 
    was transferred under paragraph (h)(13)(ii) of this section may not be 
    transferred to any other person except the current holder of the State 
    of Alaska power troll permanent entry permit from which that authority 
    was originally derived.
        (iii) The authority described in paragraph (h)(14)(ii) of this 
    section may be transferred to the current holder of that permit upon 
    receipt of written notification of the transfer by the Regional 
    Administrator.
        (15) Emergency transfers--authority to use power troll gear. (i) 
    The authority of any person to engage in commercial fishing for salmon 
    using power troll gear in the High Seas Salmon Management Area may be 
    transferred to another person for a period not lasting beyond the end 
    of the calendar year of the transfer when sickness, injury, or other 
    unavoidable hardship prevents the holder of that authority from 
    engaging in such fishing.
        (ii) Such a transfer shall take effect automatically upon approval 
    by the State of Alaska of an emergency transfer of a State of Alaska 
    power troll entry permit, in accordance with the terms of the permit 
    transfer.
        (iii) Any person may apply to the Regional Administrator for 
    emergency transfer of the current holder's authority to engage in 
    commercial fishing for salmon using power troll gear in the High Seas 
    Salmon Management Area for a period not lasting beyond the calendar 
    year of the proposed transfer, if a person:
        (A) Is denied emergency transfer of a State of Alaska power troll 
    entry permit by the State of Alaska; or
        (B) Requests emergency transfer of a Federal commercial power troll 
    permit previously issued by the Regional Administrator, with the 
    consent of the current holder of that permit.
        (iv) The Regional Administrator shall approve the transfer if he 
    determines that:
        (A) Sickness, injury, or other unavoidable hardship prevents the 
    current permit holder from engaging in such fishing.
        (B) The applicant had the ability to participate actively in the 
    fishery at the time the application for emergency transfer of the 
    permit was filed with the State of Alaska or, in the case of a Federal 
    permit, with the Regional Administrator.
        (C) The applicant has access to power troll gear necessary for 
    participation in the fishery.
        (D) The State of Alaska has not instituted proceedings to revoke 
    the permit on the grounds that it was fraudulently obtained.
        (v) The application in the case of a State of Alaska permit shall 
    be filed with the Regional Administrator within 30 days of the denial 
    by the State of Alaska of emergency transfer of the permit.
        (vi) The application shall include all documents and other evidence 
    submitted to the State of Alaska in support of the proposed emergency 
    transfer of the permit and a copy of the State of Alaska's decision 
    denying the emergency transfer of the permit. The Regional 
    Administrator may request additional information from the
    
    [[Page 19690]]
    
    applicant or from the State of Alaska to assist in the consideration of 
    the application.
        (vii) Upon approval of the application by the Regional 
    Administrator, the authority of the permit holder to engage in 
    commercial fishing for salmon using power troll gear in the High Seas 
    Salmon Management Area shall expire for the period of the emergency 
    transfer, and that authority shall be transferred to the applicant for 
    that period.
        (16) Appeals and hearings. (i) A decision by the Regional 
    Administrator to deny a permit under paragraph (h)(7) of this section 
    or to deny transfer of authority to engage in commercial fishing for 
    salmon in the High Seas Salmon Management Area under paragraphs (h)(13) 
    and (h)(14) of this section will:
        (A) Be in writing.
        (B) State the facts and reasons therefor.
        (C) Advise the applicant of the rights provided in this paragraph 
    (h)(16).
        (ii) Any such decision of the Regional Administrator shall be final 
    30 days after receipt by the applicant, unless an appeal is filed with 
    the NOAA/NMFS Assistant Administrator within that time.
        (iii) Failure to file a timely appeal shall constitute waiver of 
    the appeal.
        (iv) Appeals under this paragraph (h)(16) must:
        (A) Be in writing.
        (B) Set forth the reasons why the appellant believes the Regional 
    Administrator's decision was in error.
        (C) Include any supporting facts or documentation.
        (v) At the time the appeal is filed with the Assistant 
    Administrator, the appellant may request a hearing with respect to any 
    disputed issue of material fact. Failure to request a hearing at this 
    time will constitute a waiver of the right to request a hearing.
        (vi) If a hearing is requested, the Assistant Administrator may 
    order an informal fact-finding hearing if it is determined that a 
    hearing is necessary to resolve material issues of fact and shall so 
    notify the appellant.
        (vii) If the Assistant Administrator orders a hearing, the order 
    will appoint a hearing examiner to conduct the hearing.
        (viii) Following the hearing, the hearing examiner shall promptly 
    furnish the Assistant Administrator with a report and appropriate 
    recommendations.
        (ix) As soon as practicable after considering the matters raised in 
    the appeal, and any report or recommendation of the hearing examiner in 
    the event a hearing is held under this paragraph (h)(16), the Assistant 
    Administrator shall decide the appeal.
        (x) The Assistant Administrator shall promptly notify the appellant 
    of the final decision. Such notice shall set forth the findings of the 
    Assistant Administrator and set forth the basis of the decision. The 
    decision of the Assistant Administrator shall be the final 
    administrative action of the Department of Commerce.
        7. In Sec. 679.5, paragraph (a)(1) introductory text is revised to 
    read as follows:
    
    
    Sec. 679.5  Recordkeeping and reporting.
    
        (a) * * *
        (1) * * *. Except as provided in paragraph (a)(1)(iii) of this 
    section, the following must comply with the recordkeeping and reporting 
    requirements of this section:
    * * * * *
        8. In Sec. 679.7, paragraph (b) is removed and reserved, paragraph 
    (c)(3) is removed, and paragraphs (a)(14) and (i) are added to read as 
    follows:
    
    
    Sec. 679.7  Prohibitions.
    
    * * * * *
        (a) * * *
        (14) Trawl performance standard. Use a vessel to participate in a 
    directed fishery for pollock with trawl gear and have on board the 
    vessel, at any particular time, 20 or more crab of any species that 
    have a width of more than 1.5 inches (38 mm) at the widest dimension 
    when directed fishing for pollock with nonpelagic trawl gear is closed.
        (b) [Reserved]
    * * * * *
        (i) High Seas Salmon Fisheries. (1) Fish for, take, or retain any 
    salmon in violation of the North Pacific Fisheries Act of 1954, 16 
    U.S.C. 1021-1035 or this part.
        (2) Engage in fishing for salmon in the High Seas Salmon Management 
    Area except to the extent authorized by Sec. 679.4(h).
        9. In Sec. 679.42, paragraph (j) introductory text, the last 
    sentence is revised to read as follows:
    
    
    Sec. 679.42  Limitations on use of QS and IFQ.
    
    * * * * *
        (j) * * * Such transfers of additional QS within these areas must 
    be to an individual pursuant to Sec. 679.41(c) of this part and be used 
    pursuant to paragraphs (c) and (i) of this section.
    * * * * *
    [FR Doc. 97-10462 Filed 4-22-97; 8:45 am]
    BILLING CODE 3510-22-F
    
    
    

Document Information

Effective Date:
5/23/1997
Published:
04/23/1997
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Rule
Action:
Final rule and technical amendment.
Document Number:
97-10462
Dates:
May 23, 1997.
Pages:
19686-19690 (5 pages)
Docket Numbers:
Docket No. 970326069-7069-01, I.D. 022597F
RINs:
0648-AJ38: Amendment of Consolidated Regulations at 50 CFR 679 To Include the High Seas Salmon Fishery Off Alaska Regulations
RIN Links:
https://www.federalregister.gov/regulations/0648-AJ38/amendment-of-consolidated-regulations-at-50-cfr-679-to-include-the-high-seas-salmon-fishery-off-alas
PDF File:
97-10462.pdf
CFR: (9)
50 CFR 679.20(a)(1)
50 CFR 679.4(h)
50 CFR 679.1
50 CFR 679.2
50 CFR 679.3
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