[Federal Register Volume 62, Number 92 (Tuesday, May 13, 1997)]
[Rules and Regulations]
[Pages 26246-26247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12422]
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DEPARTMENT OF COMMERCE
50 CFR Part 679
[Docket No. 970206022-7102-02; I.D. 012197C]
RIN 0648-AJ35
Fisheries in the Exclusive Economic Zone Off Alaska; Modify Prior
Notice of Landing Requirement
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS implements a regulatory amendment to the Individual
Fishing Quota (IFQ) Program for fixed gear Pacific halibut and
sablefish fisheries in and off Alaska. This action redefines the length
of time within which a 6-hour prior notice of landing is valid and
requires that a new prior notice of IFQ landing be submitted to NMFS if
the landing originally reported will take place either before or more
than 2 hours after the date and time scheduled in the original prior
notice of IFQ landing. This action is necessary to reinforce the
enforcement rationale underlying the original requirement and improve
compliance with IFQ regulations. This action is intended to improve the
IFQ Program's ability to manage efficiently the Pacific halibut and
sablefish resources of the Exclusive Economic Zone off Alaska.
EFFECTIVE DATE: June 12, 1997.
ADDRESSES: Copies of the Regulatory Impact Review for this action may
be obtained from Fisheries Management Division, Attn: Lori Gravel,
Alaska Region, NMFS, Room 453, 709 West 9th Street, Juneau, AK 99801,
or P.O. Box 21668, Juneau, AK 99802.
FOR FURTHER INFORMATION CONTACT: James Hale, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
The fixed gear halibut and sablefish fisheries are managed under
the IFQ Program, a limited access system for fixed gear Pacific halibut
(Hippoglossus stenolepis) and sablefish (Anoplopoma fimbria) fisheries
in and off Alaska. The North Pacific Fishery Management Council
(Council), under authority of the Magnuson-Stevens Fishery Conservation
and Management Act and the Northern Pacific Halibut Act of 1982
(Halibut Act), recommended the IFQ Program, which NMFS implemented in
1995. The IFQ Program was designed to reduce excessive fishing capacity
while maintaining the social and economic character of the fixed gear
fishery and the Alaskan coastal communities where many of these
fishermen are based.
The regulations implementing the IFQ Program require vessel
operators wishing to land IFQ species to notify NMFS no less than 6
hours prior to the landing and include in this notification the name
and location of the registered buyer to whom the fish will be landed
and the anticipated date and time of landing (Sec. 679.5(l)(1)(i)).
This action modifies that requirement by specifying the length of time
after the prior notice date and time specified in which IFQ species can
be landed. As amended, the regulations require that fishermen land IFQ
species no earlier than the anticipated time specified in the notice
and no later than 2 hours after the specified time. In the event that a
vessel does not make the landing within 2 hours after the time
specified in the notice, the vessel operator must submit a new notice
subject to all the requirements for the original notice, including that
the notice be filed at least 6 hours prior to landing IFQ species. As
in the present regulation, if a vessel operator wishes to make a
landing earlier than the anticipated time specified in a notice, the
operator must file a new notice subject to all the requirements of the
original notice, including that the notice be filed at least 6 hours
prior to landing IFQ species.
Also, the current requirement that the notice include the name and
location of the registered buyer to whom a landing will be made is
clarified. ``Location'' may be misinterpreted to mean the business
address of the registered buyer rather than, as was intended, the
actual location of the landing. This action clarifies that requirement
by making explicit that the notice must include the location of the
landing.
Further information on this action may be found in the preamble to
the proposed rule published February 21, 1997, at 62 FR 7993. No
comments were received during the public comment period on the proposed
rule, and no changes have been made in this action as published in the
proposed rule.
Classification
This final rule contains a collection-of-information requirement
subject to the Paperwork Reduction Act (PRA). The requirement for a 6-
hour prior notice of IFQ landings has been approved by the Office of
Management and Budget (OMB) under Control Number 0648-0272. Public
reporting burden for this collection of information is estimated to
average 12 minutes per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
The proposed rule for this action invited comments on: (a) Whether
the proposed collection of information is necessary for the proper
performance of the functions of the agency, including whether the
information shall have practical utility; (b) the accuracy of the
agency's estimate of the burden of the proposed collection of
information; (c) ways to enhance the quality, utility, and clarity of
the information to be collected; and (d) ways to minimize the burden of
the collection of information on respondents, including through use of
automated collection techniques or other forms of information
technology.
NMFS received no comments on these issues. This collection has been
approved by OMB under Control Number 0648-0272.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
When this rule was proposed, the Assistant General Counsel for
Legislation and Regulations of the Department of Commerce certified to
the Chief Counsel for Advocacy of the Small Business Administration
that, if adopted as proposed, the final rule
[[Page 26247]]
would not have a significant economic impact on a substantial number of
small entities. As a result, a regulatory flexibility analysis was not
prepared. No comments were received regarding this certification.
Accordingly, the basis for that certification has not changed.
List of Subjects in 50 CFR Part 679
Fisheries, Reporting and recordkeeping requirements.
Dated: May 7, 1997.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 679 is amended
as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq.
2. In Sec. 679.5, paragraph (l)(1)(i)(B) is revised and paragraph
(l)(1)(i)(D) is added to read as follows:
Sec. 679.5 Recordkeeping and reporting.
* * * * *
(l) * * *
(1) * * *
(i) * * *
(B) Notification must include: Name of the registered buyer(s) to
whom the IFQ halibut or IFQ sablefish will be landed and the location
of the landing; vessel identification; estimated weight of the IFQ
halibut or IFQ sablefish that will be landed; identification number(s)
of the IFQ card(s) that will be used to land the IFQ halibut or IFQ
sablefish; and the date and time that the landing will take place.
* * * * *
(D) The operator of any vessel wishing to land IFQ halibut or IFQ
sablefish before the date and time reported in the prior notice or
later than 2 hours after the date and time reported in the prior notice
must submit a new prior notice of IFQ landing in compliance with the
provisions set forth in paragraphs (l)(1)(i) (A) through (C) of this
section.
* * * * *
[FR Doc. 97-12422 Filed 5-12-97; 8:45 am]
BILLING CODE 3510-22-F
