[Federal Register Volume 62, Number 116 (Tuesday, June 17, 1997)]
[Proposed Rules]
[Pages 32734-32737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15704]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 970520118-7118-01; I.D. 050197A]
RIN 0648-AJ00
Fisheries of the Exclusive Economic Zone Off Alaska; Individual
Fishing Quota Program; Standard Allowances for Ice and Slime
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 issues a proposed rule that would establish standard
allowances for ice and slime found on unwashed Pacific halibut and
sablefish landed in the Individual Fishing Quota (IFQ) fisheries for
these species and incorporate them into the conversion factors for
halibut and product recovery rates for sablefish used by NMFS to debit
IFQ accounts. This action is necessary to correct inaccuracies in the
accounting process for landed IFQ product that are currently occurring
because up to 15 percent of the industry participants have been
adjusting the ``initial accurate weight of . . . product obtained at
the time of landing'' by up to 9 percent to account for ice and slime.
Such adjustments are not allowed under the existing regulations. The
proposed rule would maintain the requirement that all processors must
report the actual scale weight at the time of landing with no
adjustments, but would revise the conversion factors and recovery rates
used by NMFS for debiting IFQ accounts to include a standard allowance
for ice and slime found on landed IFQ product.
DATES: Comments must be received by July 17, 1997.
ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, NMFS, 709 West 9th Street, Room
453, Juneau, AK 99801, or P.O. Box 21668, Juneau, AK 99802, Attn: Lori
J. Gravel. Copies of the Environmental Assessment/Regulatory Impact
Review for this action may be obtained from the above address.
FOR FURTHER INFORMATION CONTACT: John Lepore, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
The U.S. groundfish fisheries of the Gulf of Alaska and the Bering
Sea and Aleutian Islands in the exclusive economic zone are managed by
NMFS pursuant to the fishery management plans (FMPs) for groundfish in
the respective management areas. The FMPs were prepared by the North
Pacific Fishery Management Council (Council) pursuant to the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act),
16 U.S.C. 1801 et seq., and are implemented by regulations for the U.S.
fisheries at 50 CFR part 679. The Northern Pacific Halibut Act of 1982
(Halibut Act), 16 U.S.C. 773 et seq., authorizes the Council to
develop, and NMFS to implement, regulations applicable in Convention
waters to allocate halibut fishing privileges among U.S. fishermen.
Under these authorities, the Council developed the IFQ program, a
limited access management system for the fixed gear Pacific halibut and
sablefish fisheries. NMFS approved the IFQ program in November 1993 and
fully implemented the program beginning in March 1995. The Magnuson-
Stevens Act and the Halibut Act authorize the Council and NMFS to make
regulatory changes to the IFQ program that are consistent with the FMPs
and that are
[[Page 32735]]
necessary to conserve and manage the fixed gear Pacific halibut and
sablefish fisheries.
Rationale for Establishing Standard Allowances for Ice and Slime
Accurately accounting for the harvest of IFQ species is one of the
important features of the IFQ program. This action is being proposed to
prevent inaccurate accounting of harvests caused by up to 15 percent of
the industry adjusting by up to 9 percent the ``initial accurate weight
of . . . product obtained at the time of landing'' they are required to
report to NMFS to account for ice and slime on unwashed Pacific halibut
and sablefish managed under the IFQ program. The present regulations
neither establish standard allowances for ice and slime nor allow
participants to adjust the weights for reporting purposes to account
for ice and slime.
NMFS believes that allowances for ice and slime should be made when
it debits an IFQ account and proposes to apply uniform allowances for
unwashed product. To ensure that NMFS can determine the actual amount
of Pacific halibut and sablefish harvested by participants, deductions
cannot be allowed to vary from 0 to 9 percent as anecdotal information
from the industry suggests and must be applied to all product
containing ice and slime.
Further, anecdotal reports from the industry indicate that some
purchasers of IFQ halibut and IFQ sablefish have used deductions as a
method to induce participants to deliver their harvest to them. For
instance, if a purchaser of IFQ product uses a larger percentage
deduction for ice and slime, a smaller amount of IFQ halibut or IFQ
sablefish is reported for debiting a participant's IFQ account. This
method of ``capturing'' a participant's business is unfair to other
purchasers of IFQ halibut and sablefish who do not make any adjustment
or who at least use a smaller, more accurate percentage for the
deduction, and could harm the resource, a portion of which is being
harvested but not accounted for, because it is reported as ``ice and
slime'' by the purchaser. Establishing standard allowances for ice and
slime and having NMFS apply them for all participants would ``level the
playing field'' for IFQ purchasers and participants.
This proposed rule would incorporate in the conversion factors used
by NMFS when debiting halibut IFQ accounts a standard allowance for ice
and slime for unwashed IFQ halibut product of 2 percent. This allowance
is based on long-standing industry convention. For example, the
Canadian Department of Fisheries and Oceans, uses a 2-percent allowance
for ice and slime on its Halibut Validation Log. This allowance has
been accepted by the International Pacific Halibut Commission, the
international body entrusted with the primary responsibility for
managing Pacific halibut. Processors in the United States have also
used a 2-percent allowance for ice and slime when purchasing unwashed
Pacific halibut.
This proposed rule also would incorporate in the product recovery
rates used by NMFS when debiting sablefish IFQ accounts, a 2-percent
allowance for ice and slime. While a 2-percent allowance was proposed
by members of the fishing industry, relatively little data exist on the
proportion of ice and slime in sablefish landings, since sablefish is a
newly exploited fishery resource when compared to Pacific halibut. NMFS
particularly requests comments on the appropriateness of a 2-percent
deduction for ice and slime for unwashed IFQ sablefish.
Management Action That Would Establish Standard Allowances for Ice
and Slime for IFQ Halibut and Sablefish Products Landed Unwashed
This proposed rule would revise the conversion factors and product
recovery rates used by NMFS when debiting IFQ accounts to provide a 2-
percent allowance to account for ice and slime on IFQ halibut and IFQ
sablefish products landed unwashed. The conversion factors and recovery
rates would not be used for IFQ halibut or IFQ sablefish products
landed washed since ice and slime would be removed by washing before
weighing. Because conversion factors and product recovery rates are
applied by NMFS by product code, the following new product codes would
be established and codified: Product code 51--Whole fish/food fish with
ice and slime (sablefish only); product code 54--Gutted only with ice
and slime (Pacific halibut and sablefish); product code 55--Headed and
gutted with ice and slime (Pacific halibut only); product code 57--
Headed and gutted, Western cut, with ice and slime (sablefish only);
and product code 58--Headed and gutted, Eastern cut, with ice and slime
(sablefish only). The IFQ landing report regulations would continue to
require that the participants accurately report the scale weight
actually measured at time of landing without any adjustments. Recording
any amount on the IFQ landing report that is different from the scale
weight actually measured at time of landing would be a violation
subject to penalty.
Other Changes That Would Be Made by This Action
The following changes would be made to the regulatory text found at
50 CFR 679.5(l)(1)(iv) and 50 CFR 679.42(c) to clarify ambiguities
concerning IFQ program requirements and deducted amounts.
First, the information required by 50 CFR 679.5(l)(1)(iv) to be
reported by IFQ landing reports would be clarified by changing the
words ``fish product weight of sablefish and halibut landed'' to ``the
scale weight actually measured at the time of landing of the halibut or
sablefish product.''
Second, the requirement to ``sign any required fish ticket'' in
Sec. 679.42(c)(3) would be separated from the requirement to sign the
IFQ landing report. Separating those requirements would clarify that
the IFQ landing report is the exclusive source of data used by NMFS to
debit an IFQ account. This was always the case, notwithstanding the
confusion caused by the two requirements being combined in the current
regulations. Deductions to an IFQ account would continue to be
calculated by NMFS using the scale weight actually measured at the time
of landing and reported on the IFQ landing report and, if halibut,
multiplying by the appropriate conversion factor, or if sablefish,
dividing it by the appropriate product recovery rate based on the
product code reported in the IFQ landing report. The scale weight
actually measured at the time of landing (referred to in the current
regulations as initial accurate scale weight of the [halibut or
sablefish] product obtained at the time of landing) and reported in the
IFQ landing report would continue to be the exclusive source used by
NMFS to make all other IFQ calculations (e.g., underages and the 10-
percent adjustment policy).
Third, the regulatory text in Sec. 679.42(c)(3) (i) and (ii)
explaining exactly what amount for debit against an IFQ account must be
reported to NMFS would be eliminated, since that will now appear in 50
CFR 679.5(l)(1)(iv), the remaining language in Sec. 679.42(c)(3) (i)
and (ii) would be moved to Sec. 679.42(c)(2), and new language would be
added to Sec. 679.42(c)(2) specifying that the IFQ landings report will
be the only source of data used by NMFS for debiting an account.
Because time and locality are critical elements to the landing
process, existing 50 CFR 679.5(l)(1)(ii)(A) requires landing reports to
be submitted to NMFS within 6 hours after fish are offloaded and prior
to shipment or
[[Page 32736]]
departure of the delivery vessel from the landing site, whichever
occurs first. Therefore, the scale measurement must be made during that
period and before the IFQ halibut or IFQ sablefish are shipped. That
means that a scale measurement must occur prior to moving the IFQ
halibut or IFQ sablefish away from the landing site.
Classification
Section 304(b) of the Magnuson-Stevens Act requires NMFS, upon
transmittal by the Council of proposed regulations prepared under
section 303(c), to immediately initiate an evaluation of the proposed
regulations to determine whether they are consistent with the fishery
management plan, plan amendment, the Magnuson-Stevens Act, and other
applicable laws. Within 15 days of initiating such evaluation, NMFS
shall make a determination. If that determination is affirmative, NMFS
must publish such regulations in the Federal Register, with such
technical changes as may be necessary for clarity and an explanation of
those changes, for a comment period of 15 to 60 days. If that
determination is negative, NMFS must notify the Council in writing of
the inconsistencies and provide recommendations on revisions that would
make the proposed regulations consistent with the fishery management
plan, plan amendment, the Magnuson-Stevens Act, and other applicable
laws. Furthermore, the Northern Pacific Halibut Act authorizes the
Secretary of Commerce to promulgate regulations concerning halibut
proposed by the Council that are in addition to, and not in conflict
with regulations adopted by the International Pacific Halibut
Commission. This proposed rule was determined to be consistent with the
applicable fishery management plan and all applicable laws.
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,
will not have a significant economic impact on a substantial number of
small entities as follows:
This proposed rule, by establishing standard allowances for ice
and slime found on Pacific halibut and sablefish managed under the
IFQ program, is intended to account more accurately for the actual
weight of IFQ halibut and sablefish landed by IFQ program
participants. Although the implementation of standard allowances for
ice and slime on IFQ halibut and sablefish is likely to affect a
substantial number of small entities (i.e., all small entities that
harvest and deliver fresh IFQ halibut or IFQ sablefish, and all
small entities that receive fresh IFQ halibut or IFQ sablefish), the
action would not result in any adverse impacts. Presently, no
adjustment for ice and slime is allowed or made. A standard 2-
percent allowance for unwashed halibut and sablefish would provide a
benefit to all IFQ fisherman delivering unwashed halibut or
sablefish by increasing their annual gross revenues by an estimated
2 percent with no change in their production or compliance costs.
Establishing these allowances would not affect the revenues or costs
of small entities that receive fresh IFQ halibut or fresh IFQ
sablefish.
As a result, a regulatory flexibility analysis was not prepared.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
List of Subjects in 50 CFR Part 679
Fisheries, Reporting and recordkeeping requirements.
Dated: June 10, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 679 is
proposed to be amended as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq, and 3631 et seq.
2. In Sec. 679.5, paragraph (l)(1)(iv) is revised to read as
follows:
Sec. 679.5 Recordkeeping and reporting.
* * * * *
(l) * * *
(1) * * *
(iv) Information required. Information contained in a complete IFQ
landing report shall include: Date, time, and location of the IFQ
landing; names and permit numbers of the IFQ card holder and registered
buyer; product type landed; product type landed; and the scale weight
of the product as actually measured at the time of landing.
* * * * *
3. In Sec. 679.42, paragraph (c) is revised to read as follows:
Sec. 679.42 Limitation on use of QS and IFQ.
* * * * *
(c) Requirements and deductions. (1) Any individual who harvests
halibut or sablefish with fixed gear must:
(i) Have a valid IFQ card.
(ii) Be aboard the vessel at all times during the fishing
operation.
(iii) Sign any required fish ticket.
(iv) Sign the IFQ landing report required by Sec. 679.5(l)(1)(iv).
(2) The scale weight of the halibut or sablefish product actually
measured at the time of landing, required by Sec. 679.5(l)(1)(iv) to be
included in the IFQ landing report, shall be the only source of
information used by NMFS to debit an IFQ account. An IFQ account will
be debited as follows:
(i) For sablefish product, dividing the scale weight actually
measured and reported at the time of landing by the product recovery
rate found in Table 3 of this part that corresponds to the product code
reported in the IFQ landing report; or
(ii) For halibut product, multiplying the scale weight actually
reported at the time of landing by the conversion factor listed in
paragraph (c)(2)(iii) of this section that corresponds to the product
code reported in the IFQ landing report.
(iii) Halibut conversion factors.
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Conversion
Product code Product description factor
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04.......................... Gutted, head on............... 0.90
05.......................... Gutted, head off.............. 1.00
54.......................... Gutted, head on, with ice and 0.88
slime.
55.......................... Gutted, head off, with ice and 0.98
slime.
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4. In 50 CFR part 679, Table 1 is amended by adding the following
fish product codes/descriptions in numerical order:
TABLE 1 TO PART 679--PRODUCT CODES
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Fish product code Description
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* * * * *
5................................. Headed and gutted. Pacific halibut
only
* * * * *
51................................ Whole fish/food fish with ice and
slime. Sablefish only.
54................................ Gutted only with ice and slime.
Belly slit and visera removed.
Pacific halibut and sablefish only.
55................................ Headed and gutted with ice and
slime. Pacific halibut only.
57................................ Headed and gutted, Western cut, with
ice and slime. Sablefish only.
58................................ Headed and gutted, Eastern cut, with
ice and slime. Sablefish only.
* * * * *
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[[Page 32737]]
5. In 50 CFR part 679, Table 3 is revised by adding new product
code columns with the following descriptions and product code numbers
between Column 37 (Butterfly Backbone Removed) and Column 96
(Decomposed Fish) and adding the following product recovery rate values
for the listed FMP species ``SABLEFISH'' in new columns 51, 54, 57, and
58:
Table 3 to Part 679.--Product Recovery Rates for Groundfish Species--Continued
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Product code
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Species Whole fish/ H&G western H&G east-
FMP species code food fish Gutted with cut with ern cut
with ice ice and ice and with ice
and slime slime slime and slime
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51 54 57 58
* * * * * * *
Sablefish...................................... 710 1.02 0.91 0.70 0.65
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[FR Doc. 97-15704 Filed 6-16-97; 8:45 am]
BILLING CODE 3510-22-P
