[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Rules and Regulations]
[Pages 38357-38360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18788]
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[[Page 38358]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 679
[Docket No. 960503125-6191-02; I.D. 040996A]
RIN 0648-AH03
Fisheries of the Exclusive Economic Zone off Alaska; Salmon
Donation Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues a final rule to implement Amendment 26 to the
Fishery Management Plan (FMP) for the Groundfish Fishery of the Bering
Sea and Aleutian Islands Area and Amendment 29 to the Fishery
Management Plan for Groundfish of the Gulf of Alaska. This rule
authorizes a voluntary Salmon Donation Program (SDP) for distribution
of Pacific salmon taken as bycatch in the groundfish trawl fisheries
off Alaska to economically disadvantaged individuals by tax-exempt
organizations through a NMFS-authorized distributor. This action is
necessary to support industry initiatives to reduce waste from discard
in the groundfish fisheries by processing salmon bycatch for human
consumption. This action is intended to promote the goals and
objectives of the FMPs that govern the commercial groundfish fisheries
off Alaska.
EFFECTIVE DATE: July 19, 1996.
ADDRESSES: Copies of Amendments 26 and 29 and the Environmental
Assessment/Regulatory Impact Review (EA/RIR) prepared for the
amendments may be obtained from the North Pacific Fishery Management
Council, Suite 306, 605 West 4th Ave., Anchorage, AK 99510-2252;
telephone: 907-271-2809. Send comments regarding burden estimates or
any other aspect of the data requirements, including suggestions for
reducing the burdens, to Susan J. Salveson, Fisheries Management
Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802.
FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, 907-586-7228.
SUPPLEMENTARY INFORMATION: Fishing for groundfish by U.S. vessels in
the exclusive economic zone of the Gulf of Alaska (GOA) and Bering Sea
and Aleutian Islands management area (BSAI) is managed by NMFS
according to the respective FMPs for the groundfish fisheries of the
GOA and BSAI. The FMPs were prepared by the North Pacific Fishery
Management Council under the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801, et seq.) (Magnuson Act) and are
implemented by regulations governing the U.S. groundfish fisheries at
50 CFR part 679.
This action implements regulations authorized under Amendments 26
and 29 to the FMPs. These amendments were approved by NMFS on July 10,
1996, and authorize the distribution of Pacific salmon taken
incidentally in the groundfish trawl fisheries off Alaska to
economically disadvantaged individuals by tax-exempt organizations
through a NMFS-authorized distributor. The SDP's objective is to reduce
waste from discards in the groundfish trawl fisheries.
Under this final rule, the Director, Alaska Region, NMFS (Regional
Director) will select one or more tax-exempt organizations to be
authorized distributors based on the information submitted by
applicants under Sec. 679.26. After review of qualified applicants,
NMFS will announce the selection of authorized distributor(s) in the
Federal Register. NMFS anticipates that the selection process of (an)
authorized distributor(s) will be completed prior to the beginning of
the 1996 BSAI pollock nonroe season. Any vessel or processor wishing to
retain and process salmon bycatch for delivery to an authorized
distributor selected by NMFS must be listed by the authorized
distributor as a participant. Any costs resulting from the handling,
processing, storing, and delivery of donated salmon to an authorized
distributor will be borne by participating vessels and processors.
Participation in the SDP is voluntary.
A full description of, and background information on, the SDP may
be found in the preamble to the proposed rule published in the Federal
Register on May 16, 1996 (61 FR 24750) and in the EA/RIR prepared for
this action. Public comment on the proposed rule was invited through
July 1, 1996. The U.S. Coast Guard commented that no enforcement or
safety concerns would result from the proposed SDP. No other written
comments were received during the comment period.
No changes to the proposed rule are made in the final rule except
to incorporate the regulatory format into the new consolidated
regulations governing the fisheries in Federal waters off Alaska (50
CFR part 679).
Classification
The Regional Director has determined that Amendments 26 and 29 are
necessary for the conservation and management of the groundfish
fisheries of the BSAI and the GOA and that they are consistent with the
Magnuson Act and other applicable laws.
This rule has been determined to be not significant for the
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 rule would not have a
significant economic impact on a substantial number of small entities.
The reasons were published in the notice of proposed rulemaking. As a
result, a regulatory flexibility analysis was not 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 Paperwork Reduction Act (PRA) unless that collection of information
displays a currently valid Office of Management and Budget (OMB)
control number.
This rule contains a collection-of-information requirements subject
to the PRA. The collection of this information has been approved by the
OMB, Control Number 0648-0316. The rule includes an application to
participate as an authorized distributor in the SDP, documentation
requirements for the authorized distributor(s) and processors
participating in the SDP, packaging requirements for vessels and
processors, and identification requirements. Public reporting burden
for these collections of information are estimated to average 40, 40,
0.1, and 0.25 hours respectively, per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collections of information. Send suggestions regarding burden estimates
or any other aspect of the data requirements, including suggestions for
reducing the burdens to Susan J. Salveson (see ADDRESSES) and to the
Office of Information and Regulatory Affairs, OMB, Washington, D.C.
20503, Attn: NOAA Desk Officer.
NMFS has determined that this final rule should be effective
immediately to provide adequate time for tax-exempt organizations to
apply to NMFS to become authorized distributors and for NMFS to review
applications, to issue
[[Page 38359]]
SDP permits to authorized distributors, and to notify the public in the
Federal Register of authorized distributors prior to the beginning of
the 1996 BSAI pollock nonroe season, currently scheduled for August 15.
An infrastructure has been developed over the past 2 years to provide
for the distribution of donated salmon taken incidentally in the BSAI
pollock fishery to needy individuals under authority of three
successive experimental fishing permits (EFPs). The last EFP expired at
the end of the 1996 pollock roe season. The infrastructure for the
distribution of donated salmon could be jeopardized if a hiatus occurs
in the authority to retain and donate salmon during the upcoming
pollock nonroe season. Therefore, the need to implement the final rule
in a timely manner to provide adequate time to select authorized
distributors prior to the 1996 pollock nonroe season and avoid a hiatus
and the fact that participation in the SDP is voluntary constitute good
cause under authority contained in 5 U.S.C. 553(d)(3) to make this rule
effective immediately.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 679
Fisheries, Reporting and recordkeeping requirements.
Dated: July 18, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 15 CFR chapter IX and 50
CFR chapter VI are amended as follows:
15 CFR Chapter IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
2. In Sec. 902.1, paragraph (b), the table is amended by adding, in
numerical order, the following entry to read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
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Current OMB
control
CFR part or section where the information collection number (all
requirement is located numbers
begin with
0648-)
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* * * * *
50 CFR
* * * * *
679.26..................................................... 0316
* * * * *
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50 CFR Chapter VI
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
3. The authority citation for part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq.
4. In Sec. 679.2, the definitions of ``Authorized distributor'',
``Food bank distributor'', ``Food bank network'', ``Hunger relief
agency'', ``SDP'', ``SDP permit'', and ``Tax-exempt Organization'' are
added, in alphabetical order, to read as follows:
Sec. 679.2 Definitions.
* * * * *
Authorized distributor means a tax-exempt organization authorized
by NMFS to coordinate the processing, storage, transportation, and
distribution of salmon taken as bycatch in the groundfish trawl
fisheries to tax-exempt hunger relief agencies, food bank networks, and
food bank distributors.
* * * * *
Food bank distributor means a tax-exempt organization with the
primary purpose of distributing food resources to hunger relief
agencies.
Food bank network means a tax-exempt organization with the primary
purpose of coordinating receipt and delivery of food resources to its
member food bank distributors or hunger relief agencies.
* * * * *
Hunger relief agency means a tax-exempt organization with the
primary purpose of feeding economically disadvantaged individuals free
of charge.
* * * * *
SDP means the Salmon Donation Program established under this
section.
SDP permit means a permit issued by NMFS to an applicant who
qualifies as an authorized distributor for purposes of the SDP.
* * * * *
Tax-exempt organization means an organization that received a
determination letter from the Internal Revenue Service recognizing tax
exemption under 26 CFR part 1 (Secs. 1.501 to 1.640).
* * * * *
5. In Sec. 679.7, paragraph (a)(12) is added to read as follows:
Sec. 679.7 Prohibitions.
* * * * *
(a) * * *
(12) Salmon donation program. Retain or possess salmon, except as
permitted to do so under the Salmon Donation Program as provided by
Sec. 679.26, or as authorized by other applicable law.
* * * * *
6. In Sec. 679.21, paragraphs (b)(2)(ii) and (c)(1) are revised to
read as follows:
Sec. 679.21 Prohibited species bycatch management.
* * * * *
(b) * * *
(2) * * *
(ii) Sort its catch as soon as possible after retrieval of the gear
and, except as provided under paragraph (c) of this section or
Sec. 679.26, must return all prohibited species or parts thereof to the
sea immediately, with a minimum of injury, regardless of its condition,
after allowing for sampling by an observer if an observer is aboard.
* * * * *
(c) * * * (1) Salmon discard. Except as provided in paragraph
(c)(3) of this section, the operator of a vessel and the manager of a
shoreside processor must not discard any salmon or transfer or process
any salmon under the SDP at Sec. 679.26, if the salmon were taken
incidental to a directed fishery for BSAI groundfish by vessels using
trawl gear until the number of salmon has been determined by a NMFS-
certified observer and the collection of any scientific data or
biological samples from the salmon has been completed.
* * * * *
7. Section 679.26 is added to Subpart B to read as follows:
Sec. 679.26 Salmon Donation Program.
(a) Authorized distributors--(1) Application. An applicant seeking
to become an authorized distributor must provide the Regional Director
with the following information:
(i) Proof of the applicant's tax-exempt status.
(ii) A description of the arrangements for processing, shipping,
storing, and transporting donated salmon and an estimate of the
associated costs.
(iii) A statement describing the applicant's expertise in providing
for the distribution of food product from remote Alaskan locations to
hunger
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relief agencies, food bank networks, or food bank distributors,
including arrangements for transportation, distribution costs, and
product quality control.
(iv) Documentation of support from cold storage and transportation
facilities.
(v) A proposed operating budget that is adequate to ensure that
salmon donated under this program will be distributed to hunger relief
agencies, food bank networks, or food bank distributors and that the
salmon will be maintained in a manner fit for human consumption.
(vi) Proof of the applicant's ability to obtain and maintain
adequate funding for the distribution of salmon under the SDP.
(vii) A copy of the applicant's articles of incorporation and
bylaws showing that the purpose of the applicant includes providing
food resources to hunger relief agencies, food bank networks, or food
bank distributors.
(viii) Proof of the applicant's ability to take full responsibility
for the documentation and disposition of salmon received under the SDP,
including sufficient liability insurance to cover public interests
relating to the quality of salmon distributed for human consumption.
(ix) Quality control criteria to be followed by vessels,
processors, hunger relief agencies, food bank networks, and food bank
distributors.
(x) The number of vessels and processors that the applicant is
capable of administering effectively.
(xi) A list of all vessels and processors, food bank networks and
food bank distributors participating in the SDP. The list of vessels
and processors must include:
(A) The vessel's or processor's Federal fisheries permit number or
Federal processor permit number.
(B) The name of the vessel owner or responsible operator or the
name of the owner or plant manager of the processor.
(C) The vessel's or processor's telephone number and fax number.
(D) The signature of the vessel owner or responsible operator or
the owner or plant manager of the processor.
(xii) A signed statement from the applicant and all persons listed
under paragraph (a)(1)(xi) of this section who would conduct activities
pursuant to the SDP permit waiving any and all claims against the
United States and its agents and employees for any liability for
personal injury, death, sickness, damage to property directly or
indirectly due to activities conducted under the SDP.
(xiii) A list of locations where salmon must be delivered by
participating vessels and processors.
(2) Selection. The Regional Director may select one or more tax-
exempt organizations to be authorized distributors under the SDP based
on the information submitted by applicants under paragraph (a)(1) of
this section. The number of authorized distributors selected by the
Regional Director will be based on the following criteria:
(i) The number and qualifications of applicants for SDP permits.
(ii) The number of harvesters and the quantity of salmon that
applicants can effectively administer.
(iii) The anticipated level of salmon bycatch based on the salmon
bycatch from previous years.
(iv) The potential number of vessels and processors participating
in the groundfish trawl fisheries.
(3) SDP Permit. (i) After review of qualified applicants, the
Regional Director will announce the selection of authorized
distributor(s) in the Federal Register and will issue SDP permit(s).
(ii) The Regional Director may impose additional terms and
conditions on an SDP permit consistent with the objectives of the SDP.
(iii) An SDP permit may be suspended, modified, or revoked under 15
CFR part 904 for noncompliance with terms and conditions specified in
the permit or for a violation of this section or other regulations in
this part.
(iv) An SDP permit remains in effect for a 3-year period after the
selection notice is published in the Federal Register unless suspended
or revoked. An SDP permit may not be transferred. An SDP permit issued
to an authorized distributor may be renewed following the application
procedures in this section.
(v) If the authorized distributor modifies any information on the
SDP permit application submitted under paragraph (a)(1)(xi) or
(a)(1)(xiii) of this section, the authorized distributor must submit a
modified list of participants or a modified list of delivery locations
to the Regional Director.
(b) Reporting and Recordkeeping Requirements. (1) A vessel or
processor retaining salmon under the SDP must comply with all
applicable recordkeeping and reporting requirements. A vessel or
processor participating in the SDP must comply with applicable
regulations at Secs. 679.7(c)(2), and 679.21(c) that allow for the
collection of data and biological sampling by an NMFS-certified
observer prior to processing any salmon under the SDP.
(2) Salmon retained under the SDP must be packaged, and all
packages must be labeled with the date of processing, the name of the
processing facility, the contents and the weight of the salmon
contained in the package and the words, ``NMFS SALMON DONATION
PROGRAM--NOT FOR SALE--PERISHABLE PRODUCT--KEEP FROZEN''.
(3) A processor retaining or receiving salmon under the SDP and an
authorized distributor must keep on file and make available for
inspection by an authorized officer all documentation including receipt
and cargo manifests setting forth the origin, weight, and destination
of all salmon. Such documentation must be retained until 1 year after
the effective period of the SDP permit.
(c) Processing, handling, and distribution. (1) Processing and
reprocessing of all salmon retained under the SDP must be carried out
under the direction of the authorized distributor. A processor
retaining or receiving salmon under the SDP, at a minimum, must head,
gut, and freeze the salmon in a manner that makes it fit for human
consumption.
(2) Salmon that are determined to be unfit for human consumption
prior to delivery to an authorized distributor must be discarded under
Sec. 679.21(b). Salmon that are determined to be unfit for human
consumption after delivery to the authorized distributor must be
destroyed in accordance with applicable sanitation laws and
regulations.
(3) Authorized distributors and persons conducting activities
supervised by authorized distributors may retain salmon only for the
purpose of processing and delivering the salmon to hunger relief
agencies, food networks or food distributors as provided by this
section. Such persons may not consume or retain salmon for personal use
and may not sell, trade or barter, or attempt to sell, trade or barter
any salmon that is retained under the SDP.
(4) No salmon bycatch may be retained by a vessel or processor, or
delivered to a delivery location under this section, unless the vessel
or processor and delivery location is included on the list provided to
the Regional Director under paragraph (a)(1)(xi), (a)(1)(xiii), or
(a)(3)(v) of this section.
[FR Doc. 96-18788 Filed 7-19-96; 2:23 pm]
BILLING CODE 3510-22-W
