[Federal Register Volume 60, Number 154 (Thursday, August 10, 1995)]
[Rules and Regulations]
[Pages 40763-40775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19344]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 671, 672, 675, 676, and 677
[Docket No. 950508130-5171-02; I.D. 050195A]
RIN 0648-AH62
Limited Access Management of Federal Fisheries In and Off Alaska;
Groundfish and Crab Fisheries Moratorium
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS by this final rule imposes a temporary moratorium on the
entry of new vessels into the groundfish fisheries under Federal
jurisdiction in the Bering Sea and Aleutian Islands (BSAI) management
area, the crab fisheries under Federal jurisdiction in the BSAI Area,
and the groundfish fisheries under Federal jurisdiction in the Gulf of
Alaska (GOA). This action curtails increases in fishing capacity and
provides industry stability while the North Pacific Fishery Management
Council (Council) and NMFS prepare, review, and, if approved, implement
a comprehensive management plan for these fisheries. This action is
intended to promote the conservation and management objectives of the
Council and the Magnuson Fishery Conservation and Management Act
(Magnuson Act).
EFFECTIVE DATES: Effective September 11, 1995 through December 31,
1998, except for the amendments to Secs. 671.4, 672.4, and 675.4, and
Secs. 676.3 and 676.4, which will become effective on January 1, 1996,
through December 31, 1998; and the amendments to Figure 1 to part 677,
Sec. 677.4, and Secs. 671.2, and 671.3, which are effective September
11, 1995.
ADDRESSES: Copies of the Fishery Management Plan (FMP) amendments and
the Environmental Assessment/Regulatory Impact Review/Final Regulatory
Flexibility Analysis (EA/RIR/FRFA) for the moratorium may be obtained
from the North Pacific Fishery Management Council, P.O. Box 103136,
Anchorage, AK 99510. Send comments regarding the paperwork burden or
any other aspect of the collection-of-information requirements
contained in this rule, including suggestions for reducing the burden,
to Ronald Berg, Chief, Fisheries Management Division, Alaska Region,
NMFS, 709 West 9th Street, Juneau, AK 99801, or P.O. Box 21668, Juneau,
AK 99802, Attention: Lori J. Gravel, and to the Office of Management
and Budget (OMB), Paperwork Reduction Project (0648-0206), Washington,
D.C. 20503 (ATTN: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Jay Ginter, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Domestic groundfish fisheries in the exclusive economic zone (EEZ)
of the BSAI and the GOA are managed by NMFS under the Fishery
Management Plan for the Groundfish Fishery of the Bering Sea and
Aleutian Islands Area, and the Fishery Management Plan for Groundfish
of the Gulf of Alaska, respectively. The commercial harvest of king and
Tanner crabs is managed under the Fishery Management Plan for the
Commercial King and Tanner Crab Fisheries in the Bering Sea and
Aleutian Islands Area. These FMPs were prepared by the Council under
the Magnuson Act. The FMP for the GOA groundfish fisheries is
implemented primarily by regulations at 50 CFR part 672. The FMP for
the BSAI groundfish fisheries is implemented primarily by regulations
at 50 CFR part 675. The FMP for the king and Tanner crab fisheries in
the BSAI is implemented by regulations at 50 CFR part 671 and by Alaska
Administrative Code regulations at title 5, chapters 34 and 35. Other
Federal regulations that also affect the
[[Page 40764]]
groundfish and crab fisheries are set out at 50 CFR parts 620, 676, and
677.
This action implements revisions of Amendment 23 to the BSAI
groundfish FMP, Amendment 28 to the GOA groundfish FMP, and Amendment 4
to the BSAI crab FMP, which were approved by NMFS on June 29, 1995,
under section 304(b)(3) of the Magnuson Act. These revised amendments
address fishery management problems caused by excess harvesting
capacity or overcapitalization by establishing temporary entry controls
until more permanent controls on harvesting capacity can be
implemented. The problems and issues these amendments address are
discussed in the EA/RIR/FRFA and the notice of proposed rulemaking (60
FR 25677, May 12, 1995). A general description of the moratorium and
these implementing regulations follows.
Vessel Moratorium
The moratorium limits access to the groundfish and BSAI Area crab
resources off Alaska to vessels whose owners have been issued a
moratorium permit for the vessel by NMFS or that are within a vessel
category specified as exempt from the moratorium permit requirements in
Sec. 676.3(b). A moratorium permit is required in addition to any other
permits required by Federal or State regulations. NMFS has revised its
permit application and issuance process so that an integrated
application may be used to apply for annual Federal groundfish permits
and the Federal moratorium permit for groundfish and crab vessels. Part
677 is amended to remove and reserve Figure 1--the Fisheries Permit
Application and Fisheries Processor Permit Application (Form FPP-1).
That form will be revised for use as an integrated permit application.
1. Vessels Affected by the Moratorium
Any vessel that is not exempt and that catches and retains any
species of king and Tanner crabs in a commercial fishery governed by
the Fishery Management Plan for the Commercial King and Tanner Crab
Fisheries in the Bering Sea and Aleutian Islands Area and its
implementing regulations at 50 CFR part 671 (``moratorium crab
species'') is required to have on board a moratorium permit issued for
that vessel. Any vessel that is not exempt and that conducts directed
fishing for any groundfish species in a commercial fishery governed by
the Fishery Management Plan for the Groundfish Fishery of the Bering
Sea and Aleutian Islands Area, and the Fishery Management Plan for
Groundfish of the Gulf of Alaska and their respective implementing
regulations at 50 CFR parts 672 and 675, except for sablefish caught
with fixed gear (``moratorium groundfish species''), also is required
to have on board a moratorium permit issued for that vessel.
Moratorium crab species and moratorium groundfish species are
referred to collectively as ``moratorium species.'' The term ``directed
fishing'' is defined in the groundfish FMPs' implementing regulations
at 50 CFR parts 672 and 675. Basically, this term refers to the
criteria by which NMFS determines which species of groundfish a vessel
has been targeting when any fish are on board the vessel. A vessel that
retains only incidental catches of moratorium groundfish species in the
EEZ is not required to have a moratorium permit; however, it is
required to have a Federal fisheries permit. A vessel without a
moratorium permit in the EEZ is required to discard any catch of a
moratorium groundfish species that exceeds the maximum retainable
bycatch amount specified in parts 672 and 675. Crab species are
prohibited species in the groundfish fishery, which means that any
bycatch of crab must be immediately returned to the sea.
The Council specifically exempted certain categories of vessels
from the moratorium permit requirement. The rationale for the
exemptions was provided in the notice of proposed rulemaking for the
initially proposed moratorium (59 FR 28827, June 3, 1994). Vessels
within the following categories are not required to have moratorium
permits, however, other Federal and State of Alaska permit requirements
continue to apply:
Vessels that are not used to catch fish (e.g., processor
vessels, tenders, or support vessels);
Vessels that do not catch and retain moratorium crab
species or that do not conduct directed fishing for moratorium
groundfish species;
Vessels that catch and retain moratorium crab species or
that conduct directed fishing for moratorium groundfish species only
within State of Alaska waters;
Vessels that conduct directed fishing for moratorium
groundfish species in the GOA and that are no greater than 26 ft (7.9
m) in length overall (LOA);
Vessels that catch and retain moratorium crab species in
the BSAI Area or that conduct directed fishing for moratorium
groundfish species in the BSAI management area and that are no greater
than 32 ft (9.8 m) LOA;
Vessels that are fishing for IFQ halibut, IFQ sablefish,
or halibut or sablefish under the Western Alaska Community Development
Quota (CDQ) program; or
Vessels that, after the implementation of the CDQ program
for pollock on November 18, 1992 (57 FR 54937, November 23, 1992), are
specifically constructed and used in accordance with a Community
Development Plan (CDP), are specially designed and equipped to meet
specific needs that are described in the CDP, and are no greater than
125 ft (38.1 m) LOA. A vessel operating under the CDQ exemption also
may be used to harvest non-CDQ species, but the exemption does not
apply to a vessel if the vessel is transferred to an entity that does
not have a CDP.
2. Moratorium Qualification
Generally, a vessel is qualified for a moratorium permit if it made
a legal landing of any moratorium species during the qualifying period
of January 1, 1988, through February 9, 1992. Exceptions to this
general rule are described below.
A ``legal landing'' is defined as any amount of a moratorium
species that was landed in compliance with Federal and state commercial
fishing regulations in effect at the time of the landing. This
definition is intended to limit landing claims to those that can be
verified through required Federal and state catch or landing reports. A
vessel owner who alleges that government records are in error must
produce a copy of a valid state fish ticket or other report required at
the time of landing as evidence that the vessel made a legal landing of
a moratorium species from January 1, 1988, through February 9, 1992.
If the owner presents acceptable evidence of a legal landing of a
moratorium species that the vessel made from January 1, 1988, through
February 9, 1992, the vessel is qualified for a moratorium permit,
unless that vessel is exempt from the moratorium permit requirements as
described above. For example, a vessel that is less than or equal to 26
ft (7.9 m) LOA and that conducts directed fishing for groundfish in the
GOA is exempt from the moratorium permit requirements. It is not
qualified for a moratorium permit even if it made a legal landing of
moratorium species from January 1, 1988, through February 9, 1992.
Likewise, a vessel that made legal landings only of halibut and/or
sablefish caught with fixed gear from January 1, 1988, through February
9, 1992, is not qualified for a moratorium permit since halibut is not
a groundfish species and sablefish caught with fixed gear is not a
moratorium groundfish species.
[[Page 40765]]
A moratorium permit will be issued to the owner of a qualified
vessel after submission and approval of a completed application for a
moratorium permit for that vessel. Moratorium qualification is a
prerequisite for issuance of a moratorium permit. Moratorium
qualification stays with the vessel, unless it is transferred by the
vessel's owner (see transferability discussion below). NMFS will
maintain a database of vessels that have moratorium qualification
according to Federal or state catch or landings reports. Generally, a
moratorium permit will be valid through December 31, 1998, unless the
moratorium qualification on which it is based is transferred, or until
the permit is revoked or suspended under 15 CFR part 904 (Civil
Procedures). A moratorium permit based on the moratorium qualification
of a vessel that was lost or destroyed before January 1, 1996, will be
valid only through December 31, 1997, but may be renewed if the vessel
makes a legal landing of a moratorium species in 1996 or 1997 (see
transferability discussion below).
If a vessel has moratorium qualification, a moratorium permit will
be issued for it provided it is not an exempt vessel, and provided the
vessel's LOA does not exceed its ``maximum LOA.'' A vessel's maximum
LOA is the greatest LOA that the vessel, or its replacement, may have
and remain qualified for a moratorium permit. A vessel's maximum LOA is
based on the LOA of the original qualifying vessel on June 24, 1992. If
the original qualifying LOA of a vessel is equal to or greater than 125
ft (38.1 m), the maximum LOA is the original qualifying LOA. If the
original qualifying LOA of a vessel is less than 125 ft (38.1 m) LOA,
the maximum LOA is 1.2 times the original qualifying LOA or 125 ft
(38.1 m), whichever is less. This limited length increase allowance,
known as the ``20 percent rule,'' is intended to allow an owner of a
small vessel to improve the vessel's stability by widening and
lengthening its hull. Although increasing a small vessel's length under
the 20 percent rule could improve the vessel's safety, it also could
increase the vessel's fishing capacity. The Council recognized this
possibility and allowed vessel length increases only for vessels less
than 125 ft (38.1 m) LOA. The Council made this decision on June 24,
1992, to discourage owners of large vessels from increasing their
vessels' length substantially between that date and the implementation
date of the moratorium.
Vessels under reconstruction on June 24, 1992, are a special case,
and the maximum LOA of such vessel is the vessel's LOA on the date
reconstruction is completed. This special case is discussed in more
detail below. Any vessel that exceeds its maximum LOA is not eligible
for a moratorium permit and any moratorium permit already issued will
be invalidated.
NMFS will use the existing definition of LOA in 50 CFR parts 672
and 675 for purposes of implementing the maximum LOA limitation. This
definition refers to the length of a vessel ``rounded to the nearest
foot.'' NMFS will use standard arithmetic rounding in determining the
LOA of a vessel for purposes of the moratorium. For example, a vessel
that is 124 feet 7 inches in length would have an LOA of 125 feet (38.1
m), a vessel that is 125 feet 5 inches in length would have an LOA of
125 feet (38.1 m), and a vessel that is 125 feet 6 inches in length
would have an LOA of 126 feet (38.4 m).
3. Crossovers
The Council's original moratorium proposal (59 FR 28827, June 3,
1994) would have allowed a vessel that qualified for a moratorium
permit because of a legal landing, for example, of a moratorium crab
species during the qualifying period, to cross over to moratorium
groundfish species fisheries even if it had no previous landing history
in a groundfish fishery. However, the Council decided at its meeting in
December 1994 to propose limiting crossovers. Under the revised
proposal, which this final rule adopts, a vessel that made a legal
landing from January 1, 1988, through February 9, 1992, in either a
groundfish or crab fishery, but not both, can cross over as a new
vessel in the fishery in which it did not make a legal landing in the
qualifying period provided:
1. It uses in the new fishery only the same fishing gear type that
it used to qualify for the moratorium in the other fishery; or
2. It made a legal landing in the crossover fishery during the
period February 10, 1992, through December 11, 1994, and it uses only
the same fishing gear type that it used during that period.
Example 1. A vessel that made a legal landing in the BSAI Area crab
fisheries from January 1, 1988, through February 9, 1992, would be
eligible for a moratorium permit to operate in that fishery and in the
BSAI management area or GOA groundfish fisheries using pot gear where
that gear is authorized. The only legal fishing gear in the BSAI Area
crab fisheries is pot gear. Therefore, if the vessel crosses over into
the groundfish fisheries it is limited to using pot gear.
Example 2. A vessel that made a legal landing in the BSAI
management area or GOA groundfish fisheries from January 1, 1988,
through February 9, 1992, is eligible for a moratorium permit to
operate in that fishery using any authorized fishing gear for
groundfish. The same vessel also made a legal landing in the BSAI Area
crab fishery from February 10, 1992, through December 11, 1994.
Therefore, this vessel also is eligible for a moratorium permit to
operate in the BSAI Area crab fishery, and it may move between
fisheries using any authorized gear.
Example 3. A vessel that made a legal landing in the BSAI Area crab
fisheries from January 1, 1988, through February 9, 1992, is eligible
for a moratorium permit to operate in that fishery and in the BSAI
management area or GOA groundfish fisheries using pot gear where that
gear is authorized. The same vessel also made a legal landing in the
groundfish fisheries using hook-and-line gear from February 10, 1992,
through December 11, 1994. Therefore, this vessel is eligible for a
moratorium permit to operate in the groundfish fisheries using pot gear
and hook-and-line gear. However, unless the vessel made a legal landing
in the groundfish fisheries using trawl gear during the period February
10, 1992, through December 11, 1994, it is not eligible to cross over
into the groundfish fishery using trawl gear.
This crossover gear restriction recognizes the similarity of
fishing gear used in the BSAI Area crab fisheries and some groundfish
fisheries. It also recognizes that some vessels qualified in one
moratorium fishery and crossed over to a new moratorium fishery after
the cutoff date of February 9, 1992, based on the Council's original
moratorium proposal. These vessels are allowed to continue to operate
in the crossover fisheries under the moratorium, but are restricted to
using the fishing gear they used in the crossover fisheries from
February 10, 1992, through December 11, 1994, the date of the Council's
decision to revise its original moratorium proposal.
This revision to the original proposed moratorium requires the
issuance of moratorium permits with fishery-specific fishing gear type
endorsements. Four fishery-specific/gear type endorsements are set
forth in Sec. 676.3(d) to cover the categories of fishing gear
authorized in the Federal regulations (with respect to groundfish) and
in the State of Alaska regulations (with respect to crab). These are:
[[Page 40766]]
1. Groundfish fisheries/trawl gear, which includes groundfish
pelagic and nonpelagic trawl gears as defined at 50 CFR part 672;
2. Crab fisheries/pot gear, which includes crab pot gear as defined
in the Alaska Administrative Code at title 5, chapters 34 and 35;
3. Groundfish fisheries/pot gear, which includes groundfish
longline pot and pot-and-line gears as defined at 50 CFR part 672; and
4. Groundfish fisheries/hook gear, which includes groundfish hook-
and-line and jig gears as defined at 50 CFR part 672.
The Director, Alaska Region, NMFS (Regional Director), will
determine the appropriate fishery-specific/gear type endorsement(s) for
a moratorium permit based on the permit application received, existing
landings records, and the vessel's LOA. The moratorium permit will be
endorsed with one or more of the fishery-specific/gear type
endorsements listed above. For example, the owner of a vessel that made
a legal landing of BSAI Area crabs during January 1, 1988, through
February 9, 1992, will be issued a moratorium permit for the vessel
endorsed to fish for groundfish and BSAI Area crab with pot gear. The
owner of a vessel that made a legal landing from January 1, 1988,
through February 9, 1992, of groundfish using trawl and/or hook gear
but not pot gear during the qualifying period will be issued a
moratorium permit for the vessel endorsed to fish for groundfish with
pot, hook, and trawl gear, but the permit will not be endorsed to allow
the vessel to fish for BSAI Area crabs unless it also had made a legal
landing in the BSAI Area crab fishery during the period February 10,
1992, through December 11, 1994.
4. Transferability
A moratorium qualification is transferable under certain
conditions. A moratorium qualification transfer must be approved by the
Regional Director before a moratorium permit may be issued based on
that qualification. If a vessel owner transfers the moratorium
qualification of his vessel, then that vessel is no longer qualified
for a moratorium permit to participate in any moratorium fishery after
the effective date of the transfer. If the vessel had been issued a
moratorium permit, then that permit will become invalid on the
effective date of the transfer. A new moratorium permit will be issued
for the vessel that the moratorium qualification was transferred to,
once the transfer is approved and a permit application is submitted.
The purpose of providing for transfers of moratorium qualification
is to allow a vessel owner to make limited improvements to or replace
an existing vessel in the moratorium fisheries. Restrictions on
transfers are necessary to limit the potential fishing capacity
resulting from vessel improvements or replacements. The Regional
Director will not approve a transfer of moratorium qualification to a
vessel with an LOA exceeding the maximum LOA of the originally
qualified vessel, and a moratorium permit will not be issued for the
vessel. A moratorium permit becomes invalid if the LOA of the vessel
for which it has been issued is increased to exceed the maximum LOA
associated with the moratorium qualification.
Moratorium qualification is presumed to belong to the current owner
of the vessel that made a legal landing of moratorium species from
January 1, 1988, through February 9, 1992, unless otherwise specified
in a purchase agreement or contract. The moratorium qualification of a
vessel may be transferred from the owner of the vessel to another
person by mutual agreement. For example, the moratorium qualification
of a vessel may be retained by the vessel's owner for liquidation
independently of the vessel. A vessel owner also may choose to retain
the moratorium qualification of the vessel when it is sold, lost, or
destroyed, so that he/she can obtain a moratorium permit for a
replacement vessel. Regardless of the reason for transferring a
moratorium qualification, valid documentation of the transfer is
required before the transfer will be approved and a moratorium permit
issued based on that moratorium qualification.
Fishery-specific/gear type endorsements cannot be separated and
transferred independently of the endorsed permit. For example, a
moratorium permit that authorizes a vessel to harvest moratorium
species of groundfish and crab with pot gear could not be separated
into a groundfish/pot permit and a crab/pot permit. Likewise, gear
endorsements cannot be transferred separately from the permit. For
another example, the hook endorsement on a groundfish/trawl, pot, and
hook permit would not be transferrable.
A cutoff date of January 1, 1989, determines whether a qualified
vessel that was lost or destroyed can transfer its moratorium
qualification to a replacement vessel. The Council reasoned that a
vessel owner who lost a vessel before January 1, 1989, would have
replaced or salvaged the vessel before the end of the qualifying period
if the owner intended to continue participation in the moratorium
fisheries.
Salvage of lost or destroyed vessels: The moratorium qualification
of a vessel that was lost or destroyed before January 1, 1989, is not
valid for purposes of issuing a moratorium permit for that vessel
unless salvage of that vessel started before June 24, 1992, and the
salvaged vessel's LOA does not exceed its maximum LOA. The salvaged
vessel must make a legal landing of a moratorium species within the
period January 1, 1996-December 31, 1997, to maintain its qualification
for a moratorium permit in 1998.
The moratorium qualification of a vessel lost or destroyed on or
after January 1, 1989 is valid for purposes of issuing a moratorium
permit for that vessel regardless of when salvage began provided that
the vessel has not already been replaced and the LOA of the salvaged
vessel does not exceed its maximum LOA.
Replacement of lost or destroyed vessels: The moratorium
qualification of a vessel that was lost or destroyed before January 1,
1989, cannot be transferred to another vessel. The moratorium
qualification of a vessel that was lost or destroyed on or after
January 1, 1989, but before January 1, 1996, can be transferred to a
replacement vessel provided the LOA of the replacement vessel does not
exceed the maximum LOA of the vessel that was lost or destroyed. The
vessel that was lost or destroyed will no longer be a moratorium
qualified vessel. The moratorium permit of the replacement vessel will
expire on December 31, 1997, unless the vessel makes a legal landing of
a moratorium species on or before that date.
The moratorium qualification of a vessel that is lost or destroyed
on or after January 1, 1996, may be transferred to a replacement vessel
provided the LOA of the replacement vessel does not exceed the maximum
LOA of the vessel that was lost or destroyed. The vessel that was lost
or destroyed would no longer be a moratorium qualified vessel. In the
case of multiple or sequential replacements or reconstructions of a
moratorium qualified vessel, the LOA may not be increased beyond the
maximum LOA of the original qualifying vessel.
Reconstruction: Vessel reconstruction is defined as a change in
the LOA of the vessel from its original qualifying LOA. The moratorium
qualification of a vessel is not valid for purposes of issuing a permit
for that vessel if at any time on or after June 24, 1992, the LOA of
the vessel is increased to exceed its
[[Page 40767]]
maximum LOA. If reconstruction was completed prior to June 24, 1992,
and the reconstructed vessel is less than 125 feet (38.1) LOA, further
increases in LOA are allowed between June 24, 1992, and the end of the
moratorium subject to the 20 percent rule discussed above under
``Moratorium Qualification.'' If reconstruction was completed prior to
June 24, 1992, and the reconstructed vessel is equal to or greater than
125 feet (38.1 m) LOA, the LOA of the reconstructed vessel is the
maximum LOA. If reconstruction of a vessel began before June 24, 1992,
and was completed after that date, the maximum LOA is the LOA of the
reconstructed vessel on the date reconstruction was completed. This is
the maximum LOA even if the LOA of the reconstructed vessel is less
than 125 ft (38.1 m). The purpose of this exception to the 20 percent
rule for vessels less than 125 ft (38.1 m) LOA is to prevent the
disqualification of a vessel that was undergoing reconstruction on the
date that the Council initially recommended its original moratorium
proposal. The Council decided that such a vessel should be allowed to
participate in the moratorium fisheries, but that it should not be
allowed any additional length increases under the 20 percent rule.
Vessel reconstruction begins and ends with the start and completion
of the physical modification of the vessel. For a vessel undergoing
reconstruction on June 24, 1992, any increase in the LOA of the vessel
resulting from that reconstruction must be documented. Acceptable
documentation of the beginning and ending dates of reconstruction is
limited to a notarized affidavit signed by the vessel owner and the
owner/manager of the shipyard that specifies the beginning and ending
dates of the reconstruction. If acceptable, the Regional Director will
certify the new LOA as the maximum LOA for that vessel.
5. Administration
The final rule implements the moratorium by limiting the issuance
of moratorium permits to moratorium-qualified vessels or their
replacements. The Restricted Access Management Division, Alaska Region,
NMFS, will administer the moratorium by maintaining a database of
moratorium qualifications, receiving and reviewing permit and transfer
applications, making initial determinations of eligibility, and issuing
moratorium permits. This Division also will issue or renew a Federal
fisheries permit to or for each vessel qualified for a moratorium
permit and to each vessel for which a moratorium permit is not required
but that otherwise would participate in the groundfish fisheries in the
EEZ (i.e., a moratorium-exempt vessel such as a processor, support
vessel, and a small vessel).
Most moratorium permits will be valid until the moratorium expires
on December 31, 1998. For some salvaged vessels and some vessels that
replace qualified vessels that are lost or destroyed, however,
moratorium permits will expire after the first 2 years of the
moratorium (i.e., on January 1, 1998). However, those moratorium
permits can be renewed if the vessel makes a legal landing of a
moratorium species in 1996 or 1997. The multi-year duration of a
moratorium permit differs from that of a Federal fisheries permit,
which is valid only for the year in which it is issued.
An application for a moratorium permit may be submitted at any
time. Application forms for Federal Fisheries Permits, Federal
Processor Permits, and Vessel Moratorium Permits will be integrated
into a single application form. Submission of only one completed form
is required for application for all three types of permits. A
moratorium permit application for a vessel will be approved if the
vessel's owner has a moratorium qualification and the vessel's LOA is
less than or equal to the maximum LOA. If a moratorium permit is
requested for a vessel that is not in the NMFS moratorium qualification
database, then the applicant will be requested to provide evidence of
the vessel's qualification either by demonstrating a legal landing of a
moratorium species from January 1, 1998, through February 9, 1992, or a
transfer of moratorium qualification. As stated above, moratorium
qualification is presumed to remain with the current owner of a vessel
that made a legal landing of any moratorium species from January 1,
1988, through February 9, 1992. Otherwise, a valid contract or
agreement to transfer a vessel's moratorium qualification or retain it
when the vessel is transferred is required to demonstrate ownership of
the moratorium qualification. Determination of a vessel's maximum LOA
is based on Federal or state permits or registration documents that
demonstrate the original qualifying LOA of the vessel. If these
documents are not available, NMFS may request the vessel owner to
produce a marine survey, builder's plans, or other third-party
documentation of the vessel's LOA on June 24, 1992.
An application for approval of transfer of moratorium qualification
may be submitted at any time. Approval of a transfer requires the
submission of a transfer agreement signed by the original owner(s) and
receiver(s) of the moratorium qualification, and the submission of
proof that the vessel to which the moratorium qualification would be
applied for purposes of qualifying for a moratorium permit is less than
or equal to the maximum LOA of the original qualifying vessel.
An initial administrative determination to deny the issuance of a
moratorium permit will be explained in writing to the permit applicant,
and the denial may be appealed following the procedures set forth at 50
CFR 676.25. A written appeal must be submitted to the Alaska Region,
NMFS, within 60 days after the date that the determination was made. An
initial administrative determination to deny an application for a
permit will include a letter of authorization to the applicant
authorizing the affected vessel to operate as if the application were
approved pending appeal. The temporary authority granted by the letter
of authorization will expire on the effective date of the final agency
action on the appeal. The final agency action on the appeal, for
purposes of judicial review, occurs at the end of the 60-day appeal
period if no appeal were filed, or 30 days after the appellate
officer's decision is issued, except as provided at 50 CFR 676.25. No
appeal is provided for a denial of approval of a transfer of moratorium
qualification. The maximum LOA restrictions would be too easily
circumvented and the purpose of the moratorium undermined if appeals of
denials of approvals of transfer were allowed. An administrative
determination to deny approval of a transfer of a moratorium
qualification and the issuance of a permit based on that moratorium
qualification will be the final agency action for purposes of judicial
review.
Changes From the Proposed Rule
The vessel moratorium implemented by this rule is described in the
notice of proposed rulemaking published on May 12, 1995. The principal
parts of the vessel moratorium remain as discussed in that notice. NMFS
made changes regarding applications for fisheries permits and the
duration of moratorium permits. NMFS also made editorial and formatting
changes for clarity.
1. An application for a Federal Fisheries Permit must be submitted
annually. This application provides NMFS with specific information
regarding the vessel, fisheries, vessel operations, and owner. This
information is necessary to maintain accurate and up-to-date records of
the currently active vessels in the groundfish fisheries
[[Page 40768]]
and is necessary for management of the fishery. One application form is
used to apply for both the Federal Fisheries Permit and the Federal
Moratorium Permit and only one form needs to be submitted to apply for
both in 1996.
2. Moratorium permits were proposed to be valid only for the
calendar year for which they were issued, which would have required an
annual renewal to confirm the validity of the vessel's qualification.
Under the final rule, a moratorium permit, once issued, will remain
valid for most vessels through December 31, 1998 (for some vessels
through December 31, 1997, with renewal allowed for 1998 if the vessel
makes a legal landing of a moratorium species in 1996 or 1997), or
until the moratorium qualification on which the permit is based is
transferred. The owners of most vessels with a moratorium permit are
not required to provide information regarding moratorium qualification
again during the temporary moratorium period.
Response to Comments
Twelve letters of comment were received on the proposed rule before
the end of the comment period. The following paragraphs summarize and
respond to those comments.
Comment 1: The proposed cutoff date for determining the replacement
of a moratorium-qualified vessel that was lost or destroyed should be
concurrent with the beginning of the qualifying period. As proposed,
the qualifying period begins January 1, 1988, but a qualified vessel
lost before January 1, 1989, loses its moratorium qualification and a
transfer of it would not be possible. The proposed date of January 1,
1989, appears arbitrary and capricious because it is inconsistent with
the qualifying period dates. If the date of January 1, 1989, is adopted
for determining the replacement of lost or destroyed vessels, then an
exception should be made in cases where the purchase of the fishing
rights of a sunken vessel were made before the Council took its action
to establish that date.
Response: The cutoff date of January 1, 1989, for replacing or
salvaging a lost or destroyed vessel has a rational basis and is not
arbitrary and capricious. In recommending this date, the Council
reasoned that the owner of a vessel lost or destroyed before 1989
likely would have received insurance claims and replaced the vessel or
begun salvage operations within the remaining qualifying period. If
this had not happened, then the vessel owner probably did not intend to
continue participation in the moratorium fisheries as a vessel owner.
This measure provides a means of reducing the size of the qualifying
fleet by excluding lost or destroyed vessels that were not replaced or
salvaged within a reasonable period of time before the end of the
qualifying period on February 9, 1992. The Council recommended this
date in its initial moratorium proposal (June 3, 1994, 59 FR 28827) in
which the qualifying period was January 1, 1980, through February 9,
1992. The Council's revised amendment proposal changed the qualifying
period to January 1, 1988, through February 9, 1992. Although the
beginning of the revised qualifying period and the vessel replacement
cutoff date are only 1 year apart, the rationale for the cutoff date
remains appropriate and reasonable. The purchase of moratorium
qualification before the Council acted in June 1992, to propose a
moratorium was highly speculative. No one knew at that time what the
conditions and criteria for qualification would be or whether NMFS
would approve the moratorium proposal. Limiting speculative investment
in fishing capacity is an objective of the moratorium. An exception to
the vessel replacement cutoff date would reward such speculation.
Comment 2: Any sunken vessel that has not been replaced within 3 to
4 years of its sinking should be disqualified from transferring its
moratorium qualification. Further, any vessel owner who constructs a
new vessel after having one sink should have the new vessel counted as
the replacement vessel to prevent him from qualifying the new vessel
and selling the fishing rights of the sunk vessel separately which
would bring in two new vessels.
Response: Limiting the replacement of lost or destroyed vessels
during the moratorium is reasonable; however, the moratorium is
scheduled to expire in 3 years. If the Council were to determine that
the moratorium should be extended, then such a measure could be
included in a moratorium renewal proposal. The Council used this
rationale, however, for vessels lost or destroyed during the qualifying
period. The Council proposed a cutoff date, January 1, 1989, which is
about 3 years before the end of the qualifying period. A qualified
vessel lost or destroyed before the cutoff date, but not replaced
during the qualifying period, would be disqualified from receiving a
moratorium permit unless salvage operations had started before June 24,
1992. The moratorium rules provide for replacing vessels lost or
destroyed on or after January 1, 1989, by transferring moratorium
qualification from the lost vessel to a replacement vessel. No
provision is made for replacing a lost or destroyed vessel with two
vessels.
Comment 3: There was no definition of ``length overall'' in the
proposed rule. The rule should clarify how NMFS intends to ascertain a
vessel's current LOA.
Response: The proposed rule, at Sec. 676.2, defined LOA as this
term is defined at Secs. 672.2 and 675.2. NMFS will determine maximum
LOA by relying on Federal and state fishing permit data currently on
file that indicate the original qualifying LOA of a vessel on June 24,
1992. Other documentation of a vessel's LOA may be requested by NMFS,
especially if the maximum LOA is contested or in transfers of
moratorium qualification. Such documentation may include a vessel
survey, builder's plan, state or Federal registration certificate, or
other reliable and probative documents. Fishing for moratorium species
with a vessel that has an LOA in excess of the maximum LOA provided by
the moratorium permit for that vessel is prohibited and would be a
violation of the permit. Investigation of such activity will be an
enforcement function.
Comment 4: If the moratorium qualification of a vessel is purchased
before the effective date of the moratorium, then getting the signature
of the original owner of the moratorium qualification on the transfer
application should be unnecessary providing a copy of the purchase
contract or bill of sale is attached to the transfer application as
required.
Response: The regulations implementing the moratorium qualification
transfer procedure at Sec. 676.5(c) require, in part, a legible copy of
a contract or agreement to transfer moratorium qualification signed by
the affected persons and signatures of the same persons on a transfer
application form. NMFS agrees that obtaining the signature of a former
owner of moratorium qualification on a transfer application may be
difficult if the applicant has lost contact with the former owner. In
such instances, NMFS may waive the required signature of the former
owner of the moratorium qualification on the transfer application if
the signature(s) on the transfer contract or agreement are determined
by NMFS to demonstrate sufficiently the former owner's intent to
relinquish his/her interest in the moratorium qualification to the
transfer applicant. A decision to waive any signature requirement on a
transfer application will be made on a case-by-case basis. Section
676.5(c)(8) has been changed to provide for this discretion.
[[Page 40769]]
Comment 5: The revised qualification period is a marked improvement
over the originally proposed qualification period because it would
remove a significant number of vessels from moratorium qualification.
The proposed moratorium would allow the Council and NMFS to bypass
consideration of another interim license limitation system and to move
directly toward an individual transferrable quota program.
Response: The Council must make the initial determination on the
preferred limited access policy to follow the moratorium, if any. NMFS
will review that policy recommendation, when it is submitted, for
consistency with the Magnuson Act and other applicable laws.
Comment 6: The crossover provisions are too liberal. Crossover
privileges would be accorded to three categories of vessels. There is
no basis for permitting crossovers for the category which consists of
vessels that qualified in only one fishery during the qualifying period
and that any time after February 9, 1992, cross over to the other
fishery using the same type of gear. This crossover provision is
inconsistent with national standards 1, 4, 5, and 6, section 303(b)(6)
of the Magnuson Act, and the purposes of the moratorium because it
would allow hundreds of vessels to enter the groundfish fishery that
did not operate in that fishery during the qualifying period or the
recent past. This will contribute to overcapitalization in the
groundfish fishery.
Response: The limited crossover provision on the revised moratorium
proposal is far less liberal than that originally proposed. Although a
vessel would be allowed to operate in certain crab or groundfish
fisheries in which it had no prior fishing history, the flexibility
afforded this vessel to move between fisheries is limited to using the
same gear type in both fisheries. The number of vessels able to take
advantage of this provision is not likely to overcapitalize seriously
either fishery, relative to current capital in each fishery, during the
effective period of the moratorium. Although this provision may
advantage one group to the detriment of another, it is consistent with
the Magnuson Act because it supports the objectives of the moratorium
and the respective FMPs to allow fishermen flexibility while not
significantly undermining the intent of the moratorium to control
temporarily the growth of fishing effort in the affected fisheries.
Comment 7: The proposed rule does not distinguish between permits
that would allow the landing of incidental catches of moratorium
species while directed fishing for a non-moratorium species and permits
that would allow directed fishing for a moratorium species by exempt
vessels. Retention of a bycatch amount of a moratorium species while
directed fishing for a non-moratorium species should be allowed to
reduce discards of moratorium species.
Response: A Federal fishing permit currently is required to catch
and retain any groundfish species and a State of Alaska fishing permit
is required to catch and retain crab species regardless of whether the
species was taken incidental to a targeted harvest of species other
than groundfish or crab. These basic licensing requirements will
continue under the moratorium. For example, a salmon troller who
intends to retain his bycatch of a moratorium groundfish such as
rockfish, would be required to have a Federal fisheries permit. Hence,
bycatch amounts of a moratorium species will be retainable. The
proposed rule provided for this by requiring (for groundfish) either a
Federal fisheries permit or a moratorium permit. As changed in the
final rule, both permits are required for vessels targeting moratorium
species, but only the Federal fisheries permit is required of exempt
vessels. The effect is the same, however.
Comment 8: The proposed moratorium is necessary as an interim
measure to limit fishing capacity pending the establishment of an
individual transferrable quota system that will lead to a much-needed
reduction in fishing capacity and an end to the dangerous and
destructive race for fish prevailing in the current open access system.
Response: Comment noted. At its meeting in June 1995, the Council
approved license limitation as the recommended limited access system to
follow the moratorium. NMFS will review that recommendation for
consistency with the Magnuson Act and other applicable laws, and
provide opportunity for public comment.
Comment 9: The proposed moratorium cuts out vessels that have a
substantial history of participation in the crab fishery while allowing
entry into that fishery, and the fixed-gear fishery for cod, a large
number of vessels with no history of participation. The moratorium was
designed to prevent new entrants, and not cut out past participants,
while the Council developed a long-range plan. Instead, it has cut out
vessels that relied on previously published control date notices. The
revised moratorium ignores the primary concern of NMFS in disapproving
the original proposal in that the proposed crossover provisions would
allow a vessel with no prior history in a moratorium fishery to enter
that fishery based on participation in a different moratorium fishery.
The crossover provision would incorrectly treat a vessel entering a
fishery in which it has never operated on par with a vessel resuming
operations in or re-entering the same fishery. The crossover provision
would unfairly expand the fishing privileges of one class of vessel
while restricting opportunity for another. This ignores the ``fair and
equitable'' requirement of national standard 4. Further, it ignores
present participation, historical fishing practices, and the economics
of the fishery in violation of section 303(b)(6) of the Magnuson Act.
The analysis of the proposed moratorium ignored the fact that vessels
that pioneered the Bering Sea crab fishery have exited that fishery
because many crab stocks have been depressed since the 1980's.
Response: The moratorium was designed to prevent new entrants into
the affected fisheries, but it also was designed to prevent the re-
entry of historical vessels that had not participated in one of these
fisheries within a reasonable period of time. The Council and NMFS
determined that participation during the period January 1, 1988,
through February 9, 1992, was a reasonable period of time for a vessel
to qualify given the objective of the moratorium. Providing for
historical vessels through a qualifying period that begins on January
1, 1980, as originally proposed, would have defeated the objective of
the moratorium by qualifying a fleet substantially larger than that
operating in any one year. This was one reason for NMFS' disapproving
the original moratorium proposal. As approved, the moratorium
implementing regulations would allow a vessel that ``pioneered'' the
BSAI Area crab fishery in the early 1980's to re-enter that fishery if
the vessel had made a legal landing in any groundfish fishery during
the qualifying period with pot gear. The vessel also could re-enter the
BSAI Area crab fishery if it had made a legal landing in any groundfish
fishery during the qualifying period and also made a legal landing in
the BSAI Area crab fishery during the period February 10, 1992, through
December 11, 1994. If this vessel made no legal landings of BSAI Area
crab during the period January 1, 1988 through December 11, 1994,
however, then it is arguably no longer dependent on that fishery
despite its early history. The allowance of certain vessels with no
history in the
[[Page 40770]]
BSAI Area crab fishery to enter that fishery for the first time under
the moratorium provides limited flexibility for vessels to move between
the groundfish and BSAI Area crab fisheries. This flexibility is
limited to vessels using the same type of gear in both fisheries (e.g.,
pot gear). This limited crossover provision is fair and equitable. Even
though it provides advantages to one group to the detriment of another,
it is justified in terms of the objective of the moratorium and the
respective FMPs. The analysis of the proposed moratorium includes
numbers of vessels that would be affected by moratorium alternatives
with different qualifying periods.
Comment 10: The Alaska Board of Fisheries adopted its crab pot
limitation to be consistent with the vessel lengths described in the
moratorium proposed by the Council. Some vessel owners may increase the
length of their vessels to carry more pots while maintaining the
moratorium qualification of their vessels. The moratorium rule should
address this issue and clearly state that such lengthening would not be
allowed under the moratorium.
Response: The moratorium rule relies on the existing LOA definition
in 50 CFR parts 672 and 675. That definition states that the LOA of a
vessel means ``the horizontal distance, rounded to the nearest foot,
between the foremost part of the stem and the aftermost part of the
stern, excluding bowsprits, rudders, outboard motor brackets, and
similar fittings or attachments.'' If the LOA of a vessel exceeds its
maximum LOA, then that vessel would be denied a moratorium permit, or
if a moratorium permit were issued before the vessel length was
increased to exceed its maximum LOA, then the permit would be
invalidated. The moratorium regulations do not prohibit a vessel from
changing its LOA from its original qualifying LOA, however, a vessel
must be equal to or less than its maximum LOA to be issued or hold a
valid moratorium permit.
Comment 11: There was a lack of public review and timely analysis
associated with the Council's adoption of the moratorium. The time
allowed for public comment on the proposed rule was too restrictive and
unnecessarily abbreviated. Twenty days for public comment on an issue
as significant to the fishery as is the moratorium is unreasonable,
especially when the individual listed in the proposed rule notice as
the contact for further information was absent from his NMFS office for
all but 3 days of the 20-day public comment period. The convenience of
the public seems to have been ignored. One letter requested additional
time in which to comment.
Response: NMFS determined that a 20-day public comment period on
the proposed rule was sufficient. The moratorium proposal was a
revision of a previously published proposal (59 FR 28827, June 3, 1994)
on which there was a 45-day comment period. Further, the moratorium
proposal has been an issue of public interest and expression ever since
the Council took its initial action on it in June 1992. Ample time has
been provided for public comment on this issue to the Council and to
NMFS. NMFS temporarily assigned another individual, who also was
familiar with the moratorium proposed rule, to serve in the absence of
the individual listed as the contact for further information. Public
queries about the proposed rule to the contact phone number and address
during the comment period were addressed.
Comment 12: Financial arrangements should not be disrupted by
allowing moratorium qualifications to be transferred without regard to
the legitimate interests of those who rely on the value of the vessel,
together with its right to fish, in extending credit to the vessel
owner. The mandatory requirements for an application for transfer in
proposed Sec. 676.5(c) should be amended to include consent of
mortgagees of record. There is precedent in maritime law for requiring
mortgagee consent before action is taken that could jeopardize the
mortgagee's interest in a vessel. The addition of such a requirement
could be easily administered by relying on U.S. Coast Guard records and
requiring an applicant to provide a Coast Guard certificate of
ownership and consent of any mortgagees of record with a transfer
application.
Response: The mortgagee's interest in a vessel could be protected
by including, in the mortgage agreement or contract, a requirement that
the vessel owner secure the approval of the mortgagee before
transferring ownership of the vessel or its moratorium qualification to
another person. The regulatory burden of complying with the moratorium
qualification transfer requirements will be lessened to the extent that
the mortgagee's interest in the vessel can be protected without
government intervention through a private agreement.
Comment 13: The proposed qualifying period neither provides for a
fair and equitable allocation of fishing privileges, nor reasonably
considers present participation. The qualifying period is based
predominantly on economic and social factors that existed before June
1992 and ignores current economic conditions. Investments and
participation that occurred in the groundfish and crab fisheries in the
past 3 years were legal and reasonable, but are ignored by the
qualifying period. The qualifying period should be modified to allow
for present participants to be included under the moratorium.
Response: The Council and NMFS have taken present participation
into account in establishing the qualifying period. The initially
proposed qualifying period, January 1, 1980, through February 9, 1992,
would have allowed an excessive number of vessels to qualify. After
disapproval of the original moratorium proposal, the Council revised
the qualifying period to January 1, 1988, through February 9, 1992.
This change gave more weight to the vessels participating in the latter
part of the original qualifying period. At its meeting in September
1994, the Council considered but chose not to extend the qualifying
period through 1993. The Council made clear that it wanted to maintain
its cutoff date of February 9, 1992, and did not want to reward persons
who entered new vessels into the fisheries after that date by including
them in the qualifying period. The Council and NMFS adequately notified
the fishing industry that the future fishing privileges of new vessels
entering the fisheries under Council authority were at risk by control
date notices published September 5, 1990 (55 FR 36302), and June 21,
1993 (58 FR 33798), and the moratorium proposed rule published June 3,
1994 (59 FR 28827). The participation of a qualified vessel in a
fishery that it did not participate in before February 9, 1992, was
acknowledged by the Council in its revised moratorium proposal. This
provision allows, for example, a vessel that qualified by participation
in the groundfish fishery before February 9, 1992, and between February
10, 1992, and December 11, 1994, and that crossed over into the BSAI
Area crab fishery, to continue access to the BSAI Area crab fishery
during the moratorium. This crossover provision takes into account the
investment in qualified vessels since February 9, 1992, but does not
allow for qualification of vessels that began fishing for any
moratorium species for the first time after that date.
One letter submitted after the close of the comment period stated
that the vessel reconstruction provisions and the maximum length
overall provisions amount to unlawful retroactive rulemaking under a
recent U.S. Supreme Court decision, Bowen v.
[[Page 40771]]
Georgetown University Hospital, 488 U.S. 204 (1988). NMFS disagrees.
The vessel reconstruction and length provisions are not retroactive
rules and therefore are not governed by Bowen.
Classification
The Director, Alaska Region, NMFS, has determined that Amendment 23
to the FMP for the Groundfish Fishery of the Bering Sea and Aleutian
Islands Area, Amendment 28 to the FMP for Groundfish of the Gulf of
Alaska, and Amendment 4 to the FMP for Commercial King and Tanner Crab
Fisheries in the Bering Sea and Aleutian Islands Area are necessary for
the conservation and management of the BSAI groundfish and crab
fisheries and the GOA groundfish fisheries and are consistent with the
national standards, other provisions of the Magnuson Act, and other
applicable laws.
The Council prepared a final regulatory flexibility analysis as
part of the regulatory impact review, which indicates that this rule
could have a significant economic impact on a substantial number of
small entities. A summary of this determination is included in the
proposed rule (60 FR 25677, May 12, 1995). A copy of the EA/RIR/FRFA
may be obtained (see ADDRESSES).
This rule involves collection-of-information requirements subject
to the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) that have been
approved by the Office of Management and Budget (OMB) (OMB control
number 0648-0206). This approval expires April 30, 1997. The revised
moratorium proposal would affect fewer vessels. Therefore, the
paperwork burden would be somewhat less than originally estimated for
the original collection-of-information request. The public paperwork
burden for this collection is estimated to average 3.33 hours per
response, including the time needed for reviewing instructions,
gathering and maintaining the data needed, and completing and reviewing
the collection of information that pertains to permit, appeals, and
transfer applications. Send comments regarding this paperwork burden or
any other aspect of the data requirements, including suggestions for
reducing the burden, to NMFS (see ADDRESSES) and to the Office of
Management and Budget, Paperwork Reduction Project (0648-0206),
Washington, DC, 20503 (ATTN: NOAA Desk Officer).
This action has been determined to be not significant for purposes
of E.O. 12866.
List of Subjects
50 CFR Part 671
Fisheries, Fishing, Reporting and recordkeeping requirements.
50 CFR Parts 672, 675, and 677
Fisheries, Reporting and recordkeeping requirements.
50 CFR Part 676
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: July 31, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 671, 672,
675, 676, and 677 are amended as follows:
PART 671--KING AND TANNER CRAB FISHERIES OF THE BERING SEA AND
ALEUTIAN ISLANDS
1. The authority citation for 50 CFR part 671 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. Effective September 11, 1995, Sec. 671.2 is amended by adding
the definitions for ``King crab'' and ``Tanner crab'', in alphabetical
order, to read as follows:
Sec. 671.2 Definitions.
* * * * *
King crab means red king crab, Paralithodes camtschatica; blue king
crab, P. platypus; or brown (or golden) king crab, Lithodes aequispina;
scarlet (or deep sea) king crab, L. couesi.
* * * * *
Tanner crab means Chionoecetes bairdi; snow crab, C. opilio;
grooved Tanner crab, C. tanneri; triangle Tanner crab, C. angulatus; or
any hybrid of these Tanner crab species.
3. Effective September 11, 1995, Sec. 671.3 is added to read as
follows:
Sec. 671.3 Relation to other laws.
(a) Foreign fishing. Regulations governing foreign fishing for
groundfish in the Gulf of Alaska are set forth at Sec. 611.92 of this
chapter. Regulations governing foreign fishing for groundfish in the
Bering Sea and Aleutian Islands management area are set forth at
Sec. 611.93 of this chapter.
(b) King and Tanner crab. Regulations governing the conservation
and management of king and Tanner crab also are found in the Alaska
Administrative Code at title 5, chapters 34, 35, and 39.
(c) Halibut fishing. Regulations governing the conservation and
management of Pacific halibut are set forth at part 301 of this title
and part 676 of this chapter.
(d) Domestic fishing for groundfish. Regulations governing the
conservation and management of groundfish in the EEZ of the Gulf of
Alaska and in the Bering Sea and Aleutian Islands management area are
set forth at parts 620, 672, 675, and 676 of this chapter.
(e) Limited access. Regulations governing access to commercial
fishery resources are set forth at part 676 of this chapter.
(f) Marine mammals. Regulations governing exemption permits and the
recordkeeping and reporting of the incidental take of marine mammals
are set forth at Sec. 216.24 and part 229 of this title.
(g) Research plan. Regulations governing elements of the North
Pacific Fisheries Research Plan are set forth at part 677 of this
chapter.
4. Effective January 1, 1996, through December 31, 1998, Sec. 671.4
is revised to read as follows:
Sec. 671.4 Permits.
(a) All processors of Bering Sea and Aleutian Islands area king and
Tanner crab must comply with the permit requirements of Sec. 677.4 of
this chapter.
(b) In addition to any other permits that may be required by
Federal or state regulations, a moratorium permit may be required by
part 676 of this chapter for a vessel of the United States if the
vessel is used to catch and retain king or Tanner crab in the Bering
Sea and Aleutian Islands Area.
PART 672--GROUNDFISH OF THE GULF OF ALASKA
5. The authority citation for 50 CFR part 672 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
6. Effective September 11, 1995, through December 31, 1995,
Sec. 672.3, paragraph (f) is added to read as follows:
Sec. 672.3 Relation to other laws.
* * * * *
(f) Crab fishing. Regulations governing the conservation and
management of king and Tanner crab in the Bering Sea and Aleutian
Islands Area are set forth at parts 671 and 676 of this chapter, and in
the Alaska Administrative Code at title 5, chapters 34, 35, and 39.
7. Effective January 1, 1996, through December 31, 1998,
Sec. 672.4, paragraphs (a) and (b)(1) introductory text are revised,
and paragraph (k) is added to read as follows:
Sec. 672.4 Permits.
(a) General. No vessel of the United States may be used to fish for
[[Page 40772]]
groundfish in the Gulf of Alaska unless the owner first obtains a
Federal fisheries permit for the vessel issued under this part. The
owner of such vessel must renew the Federal fisheries permit annually.
Federal fisheries permits are issued without charge.
(b) Application. (1) The vessel permit required under paragraph (a)
of this section may be obtained or renewed by submitting to the
Regional Director a written application containing the following
information:
* * * * *
(k) Moratorium permit. In addition to the Federal fisheries permit
required by paragraph (a) of this section and any other permits that
may be required by Federal or state regulations, a moratorium permit
may be required by part 676 of this chapter for a vessel of the United
States if the vessel is used to conduct directed fishing for moratorium
groundfish species, as defined at Sec. 676.2 of this chapter, in the
Gulf of Alaska.
PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA
8. The authority citation for 50 CFR part 675 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
9. Effective September 11, 1995, through December 31, 1995,
Sec. 675.3, paragraph (f) is added to read as follows:
Sec. 675.3 Relation to other laws.
* * * * *
(f) Crab fishing. Regulations governing the conservation and
management of king and Tanner crab in the Bering Sea and Aleutian
Islands Area are set forth at parts 671 and 676 of this chapter, and in
the Alaska Administrative Code at title 5, chapters 34, 35, and 39.
10. Effective January 1, 1996, through December 31, 1998,
Sec. 675.4, paragraphs (a) and (b)(1) introductory text are revised,
and paragraph (k) is added to read as follows:
Sec. 675.4 Permits.
(a) General. No vessel of the United States may be used to fish for
groundfish in the Bering Sea and Aleutian Islands management area
unless the owner first obtains a Federal fisheries permit for the
vessel issued under this part. The owner of such vessel must renew the
Federal fisheries permit annually. Federal fisheries permits are issued
without charge.
(b) Application. (1) The vessel permit required under paragraph (a)
of this section may be obtained or renewed by submitting to the
Regional Director a written application containing the following
information:
* * * * *
(k) Moratorium permit. In addition to the Federal fisheries permit
required by paragraph (a) of this section and any other permits that
may be required by Federal or state regulations, a moratorium permit
may be required by part 676 of this chapter for a vessel of the United
States if the vessel is used to conduct directed fishing for moratorium
groundfish species, as defined at Sec. 676.2 of this chapter, in the
Bering Sea and Aleutian Islands management area.
PART 676--LIMITED ACCESS MANAGEMENT OF FEDERAL FISHERIES IN AND OFF
ALASKA
11. The authority citation for part 676 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq. and 1801 et seq.
12. Subpart A is amended by adding Secs. 676.1, 676.2 676.5, and
676.6 effective September 11, 1995, through December 31, 1998 and
Secs. 676.3 and 676.4 are effective January 1, 1996 through December
31, 1998, to read as follows:
Subpart A--Moratorium on Entry
Sec.
676.1 Purpose and scope.
676.2 Definitions.
676.3 Moratorium permits.
676.4 Transfer of moratorium qualification; lost or destroyed
vessels; reconstructed vessels.
676.5 Procedures.
676.6 Prohibitions.
676.7-676.9 [Reserved]
Subpart A--Moratorium on Entry
Sec. 676.1 Purpose and scope.
The sections of this subpart are effective from September 11, 1995,
through December 31, 1998, unless otherwise noted. This subpart
implements a moratorium on the entry of new vessels in the commercial
fisheries for groundfish in the Gulf of Alaska and Bering Sea and
Aleutian Islands management area and in the commercial fisheries for
king and Tanner crabs in the Bering Sea and Aleutian Islands Area.
Sec. 676.2 Definitions.
In addition to the terms in the Magnuson Act and in parts 620, 671,
672, and 675 of this chapter, the terms in this subpart have the
following meanings:
Bering Sea and Aleutian Islands Area means, with respect to
moratorium crab species, the area over which the United States
exercises exclusive fishery management authority as defined at part 671
of this chapter.
Bering Sea and Aleutian Islands management area means, with respect
to moratorium groundfish species, the area over which the United States
exercises exclusive fishery management authority as defined at part 675
of this chapter.
Catcher/processor vessel means a vessel that can be used as a
catcher vessel and that can process or prepare fish to render it
suitable for human consumption, industrial use, or long-term storage,
including, but not limited to, cooking, canning, smoking, salting,
drying, freezing, and rendering into meal or oil, but not including
heading and gutting unless additional preparation is done.
Catcher vessel means, with respect to moratorium groundfish
species, a catcher vessel as defined at parts 672 and 675 of this
chapter, or, with respect to moratorium crab species, a vessel that is
used to catch, take, or harvest moratorium crab species that are
retained on board as fresh fish product at any time.
Directed fishing means, with respect to moratorium groundfish
species, directed fishing as defined at parts 672 and 675 of this
chapter, or, with respect to moratorium crab species, the catching and
retaining of any moratorium crab species.
Gulf of Alaska means, with respect to moratorium groundfish
species, the area over which the United States exercises exclusive
fishery management authority as defined at part 672 of this chapter.
Legal landing means any amount of a moratorium species that was or
is landed in compliance with Federal and state commercial fishing
regulations in effect at the time of the landing.
LOA means length overall as defined at parts 672 and 675 of this
chapter.
Lost or destroyed vessel means a vessel that has sunk at sea or has
been destroyed by fire or other accident and has been reported to the
U.S. Coast Guard on U.S. Coast Guard Form 2692, Report of Marine
Casualty.
Maximum LOA with respect to a vessel's eligibility for a moratorium
permit means:
(1) Except for a vessel under reconstruction on June 24, 1992, if
the original qualifying LOA is less than 125 ft (38.1 m) LOA, 1.2 times
the original qualifying LOA or 125 ft (38.1 m), whichever is less;
(2) Except for a vessel under reconstruction on June 24, 1992, if
the original qualifying LOA is equal to or greater than 125 ft (38.1
m), the original qualifying LOA; and
[[Page 40773]]
(3) For an original qualifying vessel under reconstruction on June
24, 1992, the LOA on the date reconstruction was completed, provided
that maximum LOA is certified under Sec. 676.4(e).
Moratorium crab species means species of king or Tanner crabs
harvested in the Bering Sea and Aleutian Islands Area, the commercial
fishing for which is governed by part 671 of this chapter.
Moratorium groundfish species means species of groundfish, except
sablefish caught with fixed gear as defined at Sec. 676.11, harvested
in the Gulf of Alaska or harvested in the Bering Sea and Aleutian
Islands management area, the commercial fishing for which is governed
by parts 672 and 675 of this chapter, respectively.
Moratorium qualification means a transferable prerequisite for a
moratorium permit.
Moratorium species means any moratorium crab species or moratorium
groundfish species.
Original qualifying LOA means the LOA of the original qualifying
vessel on June 24, 1992.
Original qualifying vessel means a vessel that made a legal landing
during the qualifying period.
Person means any individual who is a citizen of the United States
or any United States corporation, partnership, association, or other
entity (or its successor in interest), whether or not organized or
existing under the laws of any state.
Qualifying period means from January 1, 1988, through February 9,
1992.
Reconstruction means a change in the LOA of the vessel from its
original qualifying LOA.
Regional Director means the Director, Alaska Region, NMFS, or an
individual to whom the Regional Director has delegated authority.
Sec. 676.3 Moratorium permits.
This section is effective from January 1, 1996, through December
31, 1998.
(a) General requirement. Except as provided under paragraph (b) of
this section, any vessel used to catch and retain any moratorium crab
species or to conduct directed fishing for any moratorium groundfish
species must have a valid moratorium permit issued for that vessel
under this part on board the vessel at all times it is engaged in
fishing activities. The term of the moratorium permit is for the
duration of the moratorium unless otherwise specified.
(1) A moratorium permit issued under this part is valid only if:
(i) The vessel's LOA does not exceed its maximum LOA;
(ii) The vessel's moratorium qualification has not been
transferred;
(iii) The permit has not been revoked or suspended under 15 CFR
part 904 (Civil Procedures);
(iv) The permit is endorsed for all gear types on board the vessel;
and
(v) The permit's term covers the fishing year in which the vessel
is fishing.
(2) A moratorium permit must be presented for inspection upon the
request of any authorized officer.
(b) Moratorium exempt vessels. A moratorium exempt vessel is not
subject to the moratorium permit requirement of paragraph (a) of this
section and is not eligible for a moratorium permit. A moratorium
exempt vessel may catch and retain moratorium species provided it
complies with the permit requirements of the State of Alaska with
respect to moratorium crab species, Federal permit requirements at
parts 672 and 675 of this chapter with respect to moratorium groundfish
species, and other applicable Federal and State of Alaska regulations.
A moratorium exempt vessel is a vessel in any of the following
categories:
(1) Vessels other than catcher vessels or catcher/processor
vessels;
(2) Catcher vessels or catcher/processor vessels less than or equal
to 26 ft (7.9 m) LOA that conduct directed fishing for groundfish in
the Gulf of Alaska;
(3) Catcher vessels or catcher/processor vessels less than or equal
to 32 ft (9.8 m) LOA that catch and retain moratorium crab species in
the Bering Sea and Aleutian Islands Area or that conduct directed
fishing for moratorium groundfish species in the Bering Sea and
Aleutian Islands management area;
(4) Catcher vessels or catcher/processor vessels that are fishing
for IFQ halibut, IFQ sablefish, or halibut or sablefish under the
Western Alaska Community Development Quota Program in accordance with
regulations at subparts B and C of this part and that are not directed
fishing for any moratorium species; or
(5) Catcher vessels or catcher/processor vessels less than or equal
to 125 ft (38.1 m) LOA that after November 18, 1992, are specifically
constructed for and used in accordance with a Community Development
Plan approved under Sec. 675.27 of this chapter, and are designed and
equipped to meet specific needs that are described in the Community
Development Plan.
(c) Moratorium qualification. A vessel has moratorium qualification
if the vessel is an original qualifying vessel, is not a moratorium
exempt vessel under paragraph (b) of this section, and its moratorium
qualification has not been transferred. A vessel also has moratorium
qualification if it receives a valid moratorium qualification through a
transfer approved by the Regional Director under Sec. 676.4 and that
moratorium qualification is not subsequently transferred.
(d) Moratorium permit endorsements. A moratorium permit will be
endorsed for one or more fishery-specific gear type(s) in accordance
with the endorsement criteria of paragraph (e) of this section. A
fishery-specific gear type endorsement authorizes the use by the vessel
of that gear type in the specified fisheries. Fishing gear requirements
for the Bering Sea and Aleutian Islands Area crab fisheries as set
forth in the Alaska Administrative Code at title 5, chapters 34 and 35;
and fishing gear requirements for the Gulf of Alaska and the Bering Sea
and Aleutian Islands management area groundfish fisheries are set forth
at parts 672 and 675 of this chapter. A moratorium permit may be
endorsed for any one or a combination of the following fishing gear
types:
(1) Trawl, which includes pelagic and nonpelagic trawl gear;
(2) Pot, which includes longline pot and pot-and-line gear; and
(3) Hook, which includes hook-and-line and jig gear.
(e) Gear endorsement criteria. For purposes of this paragraph, from
January 1, 1988, through February 9, 1992, is ``period 1,'' and from
February 10, 1992, through December 11, 1994, is ``period 2.'' Fishery-
specific gear type endorsement(s) will be based on the following
criteria:
(1) Crab fisheries/pot gear endorsement. A moratorium permit for a
vessel may be endorsed for crab fisheries/pot gear if the vessel:
(i) Made a legal landing of a moratorium crab species in period 1;
(ii) Made a legal landing of a moratorium groundfish species with
any authorized fishing gear in period 1, and, in period 2, made a legal
landing of a moratorium crab species; or
(iii) Made a legal landing of moratorium groundfish in period 1
with pot gear.
(2) Groundfish fisheries/trawl gear endorsement. A moratorium
permit may be endorsed for groundfish fisheries/trawl gear if the
vessel:
(i) Made a legal landing of a moratorium groundfish species with
any authorized fishing gear in period 1; or
(ii) Made a legal landing of a moratorium crab species in period 1,
and, in period 2, made a legal landing of a moratorium groundfish
species using trawl gear.
[[Page 40774]]
(3) Groundfish fisheries/pot gear endorsement. A moratorium permit
may be endorsed for groundfish fisheries/pot gear if the vessel:
(i) Made a legal landing of a moratorium groundfish species with
any authorized fishing gear in period 1; or
(ii) Made a legal landing of a moratorium crab species in period 1.
(4) Groundfish fisheries/hook gear endorsement. A moratorium permit
may be endorsed for groundfish fisheries/hook gear if the vessel:
(i) Made a legal landing of a moratorium groundfish species with
any authorized fishing gear in period 1; or
(ii) Made a legal landing of a moratorium crab species in period 1,
and, in period 2, made a legal landing of a moratorium groundfish
species using hook gear.
Sec. 676.4 Transfer of moratorium qualification; lost or destroyed
vessels; reconstructed vessels.
This section is effective from January 1, 1996, through December
31, 1998.
(a) General. A transfer of a vessel's moratorium qualification must
be approved by the Regional Director before a moratorium permit may be
issued for the vessel to which the qualification is transferred. A
moratorium permit is not transferrable or assignable. A fishery-
specific gear type endorsement(s) is not severable from an endorsed
permit. A transfer of moratorium qualification will not be approved by
the Regional Director unless:
(1) A complete transfer application that satisfies all requirements
specified at Sec. 676.5 is submitted;
(2) The LOA of the vessel to which the moratorium qualification is
transferred does not exceed the maximum LOA of the original qualifying
vessel; and
(3) The moratorium permit associated with the moratorium
qualification is not revoked or suspended.
(b) Vessels lost or destroyed in 1988. The moratorium qualification
of a vessel that was lost or destroyed before January 1, 1989, may not
be transferred to another vessel and is not valid for purposes of
issuing a moratorium permit for that vessel, if salvaged, unless
salvage began on or before June 24, 1992, and the LOA of the salvaged
vessel does not exceed its maximum LOA. The moratorium qualification of
such a vessel is not valid for purposes of issuing a moratorium permit
for 1998 unless that vessel is used to make a legal landing of a
moratorium species from January 1, 1996 through December 31, 1997.
(c) Vessels lost or destroyed from 1989 through 1995. The
moratorium qualification of any vessel that was lost or destroyed on or
after January 1, 1989, but before January 1, 1996, is valid for
purposes of issuing a moratorium permit for that vessel, if salvaged,
regardless of when salvage began provided that the vessel has not
already been replaced and the LOA of the salvaged vessel does not
exceed its maximum LOA. The moratorium qualification of any vessel that
was lost or destroyed on or after January 1, 1989, but before January
1, 1996, may be transferred to another vessel provided the LOA of that
vessel does not exceed the maximum LOA of the original qualifying
vessel. The moratorium qualification of such a vessel is not valid for
purposes of issuing a moratorium permit for 1998 unless that vessel is
used to make a legal landing of a moratorium species from January 1,
1996 through December 31, 1997.
(d) Vessels lost or destroyed after 1995. The moratorium
qualification of any vessel that was lost or destroyed on or after
January 1, 1996, is valid for purposes of issuing a moratorium permit
for that vessel, if salvaged, regardless of when salvage began provided
that the vessel has not already been replaced and the LOA of the
salvaged vessel does not exceed its maximum LOA. The moratorium
qualification of any vessel that is lost or destroyed on or after
January 1, 1996, may be transferred to another vessel providing the LOA
of that vessel does not exceed the maximum LOA of the original
qualifying vessel.
(e) Reconstruction. The moratorium qualification of a vessel is not
valid for purposes of issuing a moratorium permit if, after June 23,
1992, reconstruction is initiated that results in increasing the LOA of
the vessel to exceed the maximum LOA of the original qualifying vessel.
For a vessel whose reconstruction began before June 24, 1992, and was
completed after June 24, 1992, the maximum LOA is the LOA on the date
reconstruction was completed provided the owner files an application
for transfer and the Regional Director certifies that maximum LOA and
approves the transfer based on information concerning the LOA of the
reconstructed vessel submitted under Sec. 676.5(d)(6).
Sec. 676.5 Procedures.
(a) General. An application for a moratorium permit may be
requested from the Restricted Access Management Division, Alaska
Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668. Requests may be
made by telephone by calling 907-586-7202 or 800-304-4846.
(b) Application for permit. With respect to any vessel of the
United States, a moratorium permit will be issued to the owner of the
vessel at the time of the permit application, and who has submitted, to
the address in paragraph (a) of this section, a complete moratorium
permit application that is subsequently approved by the Regional
Director. A complete application for a moratorium permit must include
the following information for each vessel:
(1) Name of the vessel, state registration number of the vessel
and, the U.S. Coast Guard documentation number of the vessel, if any;
(2) Name(s), business address(es), and telephone and fax numbers of
the owner of the vessel;
(3) Name of the managing company;
(4) Valid documentation of the vessel's moratorium qualification if
requested by the Regional Director due to an absence of landings
records for the vessel from January 1, 1988, through February 9, 1992;
(5) Reliable documentation of the vessel's original qualifying LOA
if requested by the Regional Director, such as a vessel survey,
builder's plan, state or Federal registration certificate, fishing
permit records, or other reliable and probative documents that clearly
identify the vessel and its LOA, and are dated before June 24, 1992;
(6) Specification of the fishing gear(s) used from January 1, 1988,
through February 9, 1992, and (if necessary) the fishing gear(s) used
from February 10, 1992, through December 11, 1994;
(7) Specification of the vessel as either a catcher vessel or a
catcher/processor vessel;
(8) If applicable, transfer authorization if a permit request is
based on transfer of moratorium qualification pursuant to paragraph (c)
of this section; and
(9) Signature of the person who is the owner of the vessel or the
person who is responsible for representing the vessel owner.
(c) Moratorium permit issuance. The owner of a vessel of the United
States that has moratorium qualification will be issued a moratorium
permit upon application if the vessel's LOA does not exceed its maximum
LOA.
(d) Application for approval of a moratorium qualification
transfer. An application for approval of a transfer of moratorium
qualification must be completed and the transfer approved by the
Regional Director before an application for a moratorium permit based
on that transfer can be approved. An application for approval of a
transfer and an application for a moratorium permit may be submitted
[[Page 40775]]
simultaneously. A complete application for approval of transfer must
include the following information as applicable for each vessel
involved in the transfer of moratorium qualification:
(1) Name(s), business address(es), and telephone and fax numbers of
the applicant(s) (including the owners of the moratorium qualification
that is to be or was transferred and the person who is to receive or
received the transferred moratorium qualification);
(2) Name of the vessel whose moratorium qualification is to be or
was transferred and the name of the vessel that would receive or
received the transferred moratorium qualification (if any), the state
registration number of each vessel and, if documented, the U.S. Coast
Guard documentation number of each vessel;
(3) The original qualifying LOA of the vessel whose moratorium
qualification is to be or was transferred, its current LOA, and its
maximum LOA;
(4) The LOA of the vessel that would receive or received the
transferred moratorium qualification and documentation of that LOA by a
current vessel survey or other reliable and probative document;
(5) A legible copy of a contract or agreement specifying the vessel
or person from which moratorium qualification is to be or is
transferred, the date of the transfer agreement, names and signatures
of all current owner(s) of the vessel whose moratorium qualification is
to be or was transferred, and names and signatures of all current
owner(s) of the moratorium qualification that is to be or was
transferred;
(6) With regard to vessel reconstruction:
(i) A legible copy of written contracts or written agreements with
the firm that performed reconstruction of the vessel and that relate to
that reconstruction;
(ii) An affidavit signed by the vessel owner(s) and the owner/
manager of the firm that performed the vessel reconstruction specifying
the beginning and ending dates of the reconstruction; and
(iii) An affidavit signed by the vessel owner(s) specifying the LOA
of the reconstructed vessel;
(7) With regard to vessels lost or destroyed, a copy of U.S. Coast
Guard Form 2692, Report of Marine Casualty; and
(8) Signatures of the persons from whom moratorium qualification
would be transferred or their representative, and the persons who would
receive the transferred moratorium qualification or their
representative, unless NMFS determines that the signatures provided
under paragraph (d)(5) of this section satisfy this requirement.
(e) Appeal. (1) The Chief, Restricted Access Management Division,
Alaska Region, NMFS, will issue an initial administrative determination
to each applicant who is denied a moratorium permit by that official.
An initial administrative determination may be appealed by the
applicant in accordance with Sec. 676.25. The initial administrative
determination will be the final agency action if a written appeal is
not received by the Chief, Restricted Access Management Division,
Alaska Region, NMFS, within the period specified at Sec. 676.25(d).
(2) An initial administrative determination that denies an
application for a moratorium permit must authorize the affected vessel
to catch and retain moratorium crab or moratorium groundfish species
with the type of fishing gear specified on the application. The
authorization expires on the effective date of the final agency action
relating to the application.
(3) An administrative determination denying approval of the
transfer of a moratorium qualification and/or denying the issuance of a
moratorium permit based on that moratorium qualification is the final
agency action for purposes of judicial review.
Sec. 676.6 Prohibitions.
In addition to the prohibitions specified in Secs. 620.7, 672.7,
675.7, and 676.16 of this chapter, it is unlawful for any person to:
(a) Submit false or inaccurate information on a moratorium permit
application or application to transfer moratorium qualification;
(b) Alter, erase, or mutilate any moratorium permit;
(c) Catch and retain a moratorium species with a vessel that has a
LOA greater than the maximum LOA for the vessel;
(d) Catch and retain a moratorium species with a vessel that has
received an unauthorized transfer of moratorium qualification;
(e) Catch and retain moratorium crab species or conduct directed
fishing for any moratorium groundfish species with a vessel that has
not been issued a valid moratorium permit, unless the vessel is
lawfully conducting directed fishing for sablefish under subparts B and
C of this part;
(f) Catch and retain moratorium crab species or conduct directed
fishing for any moratorium groundfish species with a vessel that does
not have a valid moratorium permit on board, unless the vessel is
lawfully conducting directed fishing for sablefish under subparts B and
C of this part; and
(g) Violate any other provision of subpart A of this part.
Secs. 676.7-676.9 [Reserved]
PART 677--NORTH PACIFIC FISHERIES RESEARCH PLAN
13. The authority citation for part 677 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
14. Effective September 11, 1995, Figure 1 to part 677, Federal
Processor Permit Application (Form FPP-1), is removed and reserved.
15. Effective September 11, 1995, Sec. 677.4(b) introductory text
is revised as follows:
Sec. 677.4 Permits.
* * * * *
(b) Application. The permit required under paragraph (a) of this
section may be obtained or renewed by submitting to the Regional
Director a completed Federal Processor Permit Application for each
vessel or processor containing the following information:
* * * * *
[FR Doc. 95-19344 Filed 8-7-95; 10:19 am]
BILLING CODE 3510-22-F
