[Federal Register Volume 64, Number 64 (Monday, April 5, 1999)]
[Proposed Rules]
[Pages 16414-16417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8180]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 981228324-8324-01; I.D. 121697A]
RIN 0648-AJ70
Magnuson-Stevens Fishery Conservation and Management Act;
Amendment of Foreign Fishing Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to amend the foreign fishing regulations to
provide for the issuance of certain transshipment permits under the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), as amended by the Sustainable Fisheries Act (SFA). NMFS
also proposes to make additional minor changes in the foreign fishing
regulations to update permit application and issuance procedures
applicable to all types of foreign fishing permits issued under the
Magnuson-Stevens Act. These proposed actions are necessary to maintain
the foreign fishing regulations in a current and complete manner.
DATES: Comments must be received on or before May 5, 1999.
ADDRESSES: Send comments to Gary C. Matlock, Office of Sustainable
Fisheries, NMFS, 1315 East-West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Robert A. Dickinson, 301-713-2276.
SUPPLEMENTARY INFORMATION: Regulations at 50 CFR part 600, subpart F,
govern foreign fishing under the Magnuson-Stevens Act (16 U.S.C. 1801
et seq.). Among other things, the regulations establish procedures for
permit application and issuance under section 204(b) of the Magnuson-
Stevens Act. Under these regulations, foreign fishing vessels may be
permitted to fish in the U.S. Exclusive Economic Zone (EEZ). Until the
SFA (Pub. L. 104-297) established section 204(d) of the Magnuson-
Stevens Act, all foreign fishing applications were submitted under
section 204(b) of the Magnuson-Stevens Act.
Section 204(d) of the Magnuson-Stevens Act authorizes the Assistant
Administrator for Fisheries (AA) to issue transshipment permits
authorizing foreign vessels to engage in fishing consisting solely of
transporting fish or fish products at sea from a point within the EEZ
or, with the concurrence of a state, within the boundaries of that
state, to a point outside the United States. Issuance of a permit to a
foreign vessel to receive fish or fish products at sea within the
boundaries of a state is subject to certain conditions and restrictions
and contingent upon the concurrence of the involved state. Until
section 204(d) was added to the Magnuson-Stevens Act, transshipments of
this nature at points at sea within the boundaries of a state were
prohibited.
For consistency of process with permits issued under section 204(b)
of the Magnuson-Stevens Act, NMFS proposes to make minor changes in the
regulations at 50 CFR part 600, subpart F, to accommodate applications
submitted under section 204(d) of the Magnuson-Stevens Act and to
provide for the issuance of permits under section 204(d).
NMFS proposes to amend Sec. 600.501(d) to provide that application
forms for permits issued under section 204(d) be available from NMFS,
and submitted to the AA. NMFS proposes that the application fee
submitted for a permit under section 204(d) of the Magnuson-Stevens Act
be the same as for applications submitted under section 204(b) of the
Magnuson-Stevens Act. Currently this fee amount is $354.00 per vessel.
This fee was determined in accordance with the procedures for
determining administrative costs of each special product or service
contained in the NOAA Finance Handbook. However, in accordance with
section 204(d)(7) of the Magnuson-Stevens Act, this fee will be waived
for applications under section 204(d) of the Magnuson-Stevens Act if
the applicant provides satisfactory documentation to the AA indicating
that the foreign nation under which the applicant vessel is registered
does not collect a fee from vessels of the United States engaged in
similar activities in the waters of such foreign nation. NMFS proposes
that the documentation presented (e.g., copy of foreign fishing
regulations applicable to vessels of the United States) must clearly
exempt vessels of the United States from such a fee. NMFS proposes to
publish, as appropriate, a notice of receipt in the Federal Register to
notify interested parties of the opportunity to review and/or comment
on applications. NMFS suggests that applicants allow 90 days for
processing applications submitted under section 204(b) and (d) of the
Magnuson-Stevens Act.
Following consideration of all recommendations, comments and any
other factors pertinent to an application, the AA may issue an
appropriate permit to a foreign vessel authorizing transshipments under
provisions of section 204(d) if the AA determines that to do so would
be in accordance with section 204(d)(3) of the Magnuson-Stevens Act. It
is proposed that activity code 10 be established at Sec. 600.501(c) to
denote transshipment activities under section 204(d) of the Magnuson-
Stevens Act. It is proposed that Sec. 600.501(e)(2) be amended to
provide for issuance of permits for activity code 10 directly to
applicants and to provide that permits for activity codes 1 through 9
will be provided to the official representative of the applicant
foreign nation by the Department of State (DOS). It is proposed that in
Sec. 600.508, a new paragraph (g) regarding transshipment operations be
added.
NMFS also proposes that additional minor changes be made in the
foreign fishing regulations at 50 CFR part 600, subpart F, to make
vessels operating under permits issued in accordance with section
204(d) of the Magnuson-Stevens Act subject to the same requirements as
vessels operating under permits issued in accordance with section
204(b) of the Magnuson-Stevens Act.
NMFS also proposes to amend Sec. 600.501(e)(2) to reflect the fact
that permit holders no longer have to enter any data in ``blank permit
forms.'' All necessary information will appear on the permit provided
by the DOS (in the case of activity codes 1 through 9) or the NMFS (in
the case of activity code 10). In order to delete references to
outdated
[[Page 16415]]
permit processes, NMFS also proposes to delete Sec. 600.501(k)(2)
through (k)(5).
NMFS also proposes to update a reference to section 201 of the
Magnuson-Stevens Act at Sec. 600.506(a) and an address at
Sec. 600.506(b).
Lastly, NMFS proposes to delete several references to the Fishing
Vessel and Gear Damage Compensation Fund program due to the
discontinuance of the program. The cessation of this program was
announced in a notice published in the Federal Register at 61 FR 34798,
July 3, 1996.
Under NOAA Administrative Order 205-11, 7.01, dated December 17,
1990, the Under Secretary for Oceans and Atmosphere has delegated to
the Assistant Administrator for Fisheries, NOAA, the authority to sign
material for publication in the Federal Register.
Classification
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. The Regulatory Flexibility Act defines ``small
business'' by reference to the Small Business Act (SBA). The SBA
definition of the term small business is implemented through
regulations at 13 CFR part 121. Those regulations define small business
as meaning ``a business entity organized for profit, with a place of
business located in the United States, and which operates primarily
within the United States or which makes a significant contribution to
the U.S. economy, through payment of taxes or use of American products,
materials or labor.'' None of the entities affected by this proposed
rule meet that definition. Further, section 204(d)(3)(D) of the
Magnuson-Stevens Act provides that an application may not be approved
until the Secretary determines that ``no owner or operator of a vessel
of the United States which has the capacity to perform the
transportation for which the application is submitted has indicated * *
* an interest in performing the transportation at fair and reasonable
rates.'' Therefore, no U.S. firms will be impacted. As a result, an
initial regulatory flexibility analysis was not prepared.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any 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 Office of Management and Budget (OMB) control number.
This rule contains two collection-of-information requirements
subject to the Paperwork Reduction Act (PRA), both of which have been
approved by the OMB. The collections of information are as follows:
(1) Approved under OMB control number 0648-0089--Application form
for foreign fishing permits, including those to be issued under section
204(d) of the Magnuson-Stevens Act; estimated at 45 minutes per
response.
(2) Approved under OMB control number 0648-0075--Reporting by
vessels operating under foreign fishing permits, including those issued
under section 204(d) of the Magnuson-Stevens Act; estimated at 6
minutes per response.
List of Subjects in 50 CFR Part 600
Fisheries, Fishing, Foreign relations, Intergovernmental
relations.
Dated: March 29, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR Chapter VI is
proposed to be amended as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
1. The authority citation for part 600 continues to read as
follows:
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
2. In Sec. 600.501, paragraph (c) introductory text, and paragraphs
(d)(1), (d)(4), (e) and (k) are revised, and paragraph (c)(10) is added
to read as follows:
Sec. 600.501 Vessel permits.
* * * * *
(c) Activity codes. Permits to fish under this subpart may be
issued by the Assistant Administrator for the activities described in
this paragraph, but the permits may be modified by regulations of this
subpart and by the conditions and restrictions attached to the permit
(see paragraphs (e)(1)(v) and (l) of this section). The Assistant
Administrator may issue a permit, as appropriate, for one or more of
the activity codes listed. Only vessels of nations having a GIFA with
the United States may be issued permits for activity codes 1 through 9.
A GIFA is not required for a vessel to be issued a permit for activity
code 10. The activity codes are described as follows:
* * * * *
(10) Activity Code 10. Transshipping at sea for the purpose of
transporting fish or fish products from a point within the EEZ or, with
the concurrence of a state, within the boundaries of that state, to a
point outside the United States.
(d) Application. (1) Applications for FFV permits authorizing
activity codes 1 through 9 must be submitted by an official
representative of a foreign nation to the DOS. Applications for permits
authorizing activity codes 1 through 9 are available from, and should
be submitted to, DOS, OES/OMC, Washington, DC 20520. Applications for
FFV permits authorizing activity code 10 may be submitted by any person
to the Assistant Administrator. Applications for permits authorizing
activity code 10 are available from NMFS, Attn: International Fisheries
Division, 1315 East West Highway, Silver Spring, Maryland 20910. All
applicants should allow 90 days for review and comment by the public,
involved governmental agencies, and appropriate Councils and for
processing before the anticipated date to begin fishing. The permit
application fee must be paid at the time of application according to
Sec. 600.518.
* * * * *
(4) Each applicant may request to substitute one FFV for another of
the same flag by submitting a new application form and a short
explanation of the reason for the substitution to the appropriate
address listed at paragraph (d)(1) of this section. Each substitution
is considered a new application, and a new application fee must be
paid. NMFS will promptly process an application for a vessel replacing
a permitted FFV that is disabled or decommissioned, once the
appropriate Council(s) and governmental agencies have been notified of
the substituted application.
(e) Issuance. (1) Permits may be issued to an FFV by the Assistant
Administrator after--
(i) The Assistant Administrator determines that the fishing
described in the application will meet the requirements of the
Magnuson-Stevens Act and approves the permit application.
(ii) The applicant has paid the fees and provided any assurances
required by the Secretary in accordance with the provisions of
Sec. 600.518.
(iii) The applicant has appointed an agent.
[[Page 16416]]
(iv) The applicant has identified a designated representative.
(v) The applicant has accepted the general ``conditions and
restrictions'' of receiving permits, as required by section 204(b)(7)
of the Magnuson-Stevens Act, and any ``additional restrictions''
attached to the permit for the conservation and management of fishery
resources or for the prevention of significant impairment of the
national defense or security interests.
(2) The DOS will provide permits for activity codes 1 through 9 to
the official representative of the applicant foreign nation. The
Assistant Administrator will provide permits for activity code 10
directly to the applicant.
(3) An approved permit will contain--
(i) The name and IRCS of the FFV and its permit number. (ii) The
permitted fisheries and/or activity codes.
(iii) The date of issuance and expiration date, if other than
December 31.
(iv) All conditions and restrictions, and any additional
restrictions and technical modifications appended to the permit.
(4) Permits are not issued for boats that are launched from larger
vessels. Any enforcement action that results from the activities of a
launched boat will be taken against the permitted vessel.
* * * * *
(k) Change in application information. The applicant must report,
in writing, any change in the information supplied under paragraph (d)
of this section to the Assistant Administrator within 15 calendar days
after the date of the change. Failure to report a change in the
ownership from that described in the current application within the
specified time frame voids the permit, and all penalties involved will
accrue to the previous owner.
* * * * *
3. In Sec. 600.502, paragraph (a) is revised, and a new paragraph
(h) is added, to read as follows:
Sec. 600.502 Vessel reports.
(a) The operator of each FFV must report the FFV's activities to
the USCG and NMFS as specified in this section.
* * * * *
(h) Alternative reporting procedures. As an alternative to the use
of the specific procedures provided, an applicant may submit proposed
reporting procedures for a general type of fishery operation (i.e.,
transshipments under Activity Code 10) to the appropriate Regional
Administrator and the USCG commander (see tables 1 and 2 to
Sec. 602.502 of this chapter). With the agreement of the USCG
commander, the Regional Administrator may authorize the use of
alternative reporting procedures.
4. In Sec. 600.505, paragraphs (a)(8), (a)(9), and (b)(1) are
revised to read as follows:
Sec. 600.505 Prohibitions.
(a) * * *
(8) Engage in any fishing activity within the EEZ without a U.S.
observer aboard the FFV, unless the requirement has been waived by the
Assistant Administrator or appropriate Regional Administrator;
(9) Retain or attempt to retain, directly or indirectly, any U.S.
harvested fish, unless the FFV has a permit for Activity Codes 4, 6, or
10;
* * * * *
(b) * * *
(1) Within the boundaries of any state, unless:
(i) The fishing is authorized by the Governor of that state as
permitted by section 306(c) of the Magnuson-Stevens Act to engage in a
joint venture for processing and support with U.S. fishing vessels in
the internal waters of that state; or
(ii) The fishing is authorized by, and conducted in accordance
with, a valid permit issued under Sec. 600.501, and the Governor of
that state has indicated concurrence to allow fishing consisting solely
of transporting fish or fish products from a point within the
boundaries of that state to a point outside the United States; or
* * * * *
5. In Sec. 600.506, the last sentence in paragraph (a) and the
first sentence in paragraph (b) are revised to read as follows:
Sec. 600.506 Observers.
(a) * * * Except as provided for in section 201(h)(2) of the
Magnuson-Stevens Act, no FFV may conduct fishing operations within the
EEZ unless a U.S. observer is aboard.
(b) Effort plan. To ensure the availability of an observer as
required by this section, the owners and operators of FFV's wanting to
fish within the EEZ will submit to the appropriate Regional
Administrator or Science and Research Director and also to the Chief,
Financial Services Division, NMFS, 1315 East West Highway, Silver
Spring, MD 20910 a schedule of fishing effort 30 days prior to the
beginning of each quarter.* * *
* * * * *
6. In Sec. 600.508, paragraph (g) is added to read as follows:
Sec. 600.508 Fishing operations.
* * * * *
(g) Transshipping. Each FFV with Activity Code 1, 2, 3, 4, 5, 6, 7,
8, or 10 may transship in accordance with this subpart and the vessel's
permit.
7. In Sec. 600.518, paragraph (c) is removed, paragraphs (d) and
(e) are redesignated as paragraphs (c) and (d) respectively, and
paragraphs (a), (b)(1) introductory text, (b)(2) heading, and (b)(2)(i)
introductory text are revised to read as follows:
Sec. 600.518 Fee schedule for foreign fishing.
(a) Permit application fees. Each vessel permit application
submitted under Sec. 600.501 must be accompanied by a fee. The amount
of the fee will be determined in accordance with the procedures for
determining administrative costs of each special product or service
contained in the NOAA Finance Handbook. The fee is specified with the
application form. At the time the application is submitted, a check for
the fees, drawn on a U.S. bank, payable to the order of ``Department of
Commerce, NOAA,'' must be sent to the Assistant Administrator. The
permit fee payment must be accompanied by a list of the vessels for
which the payment is made. In the case of applications for permits
authorizing activity code 10, the permit application fee will be waived
if the applicant provides satisfactory documentary proof to the
Assistant Administrator that the foreign nation under which the vessel
is registered does not collect a fee from a vessel of the United States
engaged in similar activities in the waters of such foreign nation. The
documentation presented (e.g., copy of foreign fishing regulations
applicable to vessels of the United States) must clearly exempt vessels
of the United States from such a fee.
(b) Poundage fees. (1) Rates. If a Nation chooses to accept an
allocation, poundage fees must be paid at the rate specified in the
following table.
* * * * *
(2) Method of payment of poundage fees and observer fees.
(i) If a Nation chooses to accept an allocation, a revolving letter
of credit (L/C) must be established and maintained to cover the
poundage fees for at least 25 percent of the previous year's total
allocation at the rate in paragraph (b)(1) of this section, or as
determined by the Assistant Administrator, plus the
[[Page 16417]]
observer fees required by paragraph (c) of this section. The L/C must--
* * * * *
[FR Doc. 99-8180 Filed 4-2-99; 8:45 am]
BILLING CODE 3510-22-F
