[Federal Register Volume 61, Number 156 (Monday, August 12, 1996)]
[Rules and Regulations]
[Pages 41744-41745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20433]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 960501122-6213-02; I.D. 042596A]
RIN 0648-AI46
Fisheries of the Exclusive Economic Zone Off Alaska; Addition of
Akutan to List of Eligible Communities
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS adds the city of Akutan to the list of western Alaska
communities that are eligible to participate in the Community
Development Quota (CDQ) programs, removes the authority to use scales
to weigh total catch in the pollock CDQ fishery, and prohibits
processor vessels from filling fish holding bins above the level of the
viewing port. These actions are necessary to further the objectives of
the CDQ programs. These actions are intended to extend benefits of the
CDQ programs to an additional community and to improve monitoring of
CDQ harvests.
EFFECTIVE DATE: September 9, 1996.
ADDRESSES: Individual copies of the environmental assessment/regulatory
impact review (RIR)/final regulatory flexibility analysis (FRFA)
prepared for this action may be obtained from the Fisheries Management
Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn:
Lori Gravel.
FOR FURTHER INFORMATION CONTACT: David Ham, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
The domestic groundfish fisheries in the exclusive economic zone of
the Bering Sea and Aleutian Islands management area (BSAI) are managed
by NMFS in accordance with the Fishery Management Plan for the
Groundfish Fishery of the Bering Sea and Aleutian Island Area (FMP).
The FMP was prepared by the Council and approved by NMFS under the
Magnuson Fishery Conservation and Management Act (Magnuson Act). The
FMP is implemented by regulations that appear at 50 CFR part 679.
General regulations that also govern the groundfish fisheries appear at
50 CFR part 600.
Community Development Quota programs are in effect in the BSAI for
the pollock, Pacific halibut, and fixed gear sablefish fisheries. Final
rules implementing these programs were published for pollock on
December 12, 1995 (60 FR 63654), corrected at 61 FR 20 (January 2,
1996), and for halibut and sablefish (H/S) on November 9, 1993 (58 FR
59375).
The pollock and H/S CDQ programs apportion a designated percentage
of the annual total allowable catch for pollock, Pacific halibut, and
fixed gear sablefish to separate CDQ reserves that may be allocated to
eligible western Alaska communities. The purpose of the CDQ programs is
to provide the CDQ communities with a means for starting or supporting
commercial seafood activities that will result in ongoing, regionally
based, commercial seafood or related businesses. This final rule
implements the following changes to the CDQ regulations that were
published as a proposed rule in the Federal Register on May 15, 1996
(61 FR 24475):
1. The city of Akutan is added to the list of western Alaska
communities that are eligible to participate in the CDQ programs.
2. The authority for processing vessels to use scales to weigh
total catch in the pollock CDQ fishery is removed.
3. Processor vessels are prohibited from filling fish holding bins
above the level of the viewing port.
Changes from the Proposed Rule
Two changes were made from the proposed rule in the final rule.
First, since publication of the proposed rule, the Federal regulations
implementing Alaska fishery management plans have undergone a
comprehensive consolidation and have been recodified at 50 CFR part 679
(61 FR 31228, June 19, 1996). The proposed rule would have amended the
preconsolidation regulations, the final rule makes the respective
amendments to the consolidated regulations.
Second, one paragraph, Sec. 679.32(e)(1)(vi), was inadvertently
included in the consolidated regulations (50 CFR part 679), but should
have been included in this rule. A correction document was published to
remove the paragraph (61 FR 37843, July 22, 1996). This rule adds this
paragraph, which reads ``The receiving bins must not be filled in a
manner that obstructs the viewing ports or prevents the observer from
seeing the level of fish throughout the bin.''
Response to Comments
A 30-day public comment period on the proposed rule ended on June
13, 1996. Three letters of comment supporting the proposed rule, and
one letter of general comment were received during the comment period.
These four comments are summarized and responded to below.
Comment 1: Three letters of comment were received supporting the
addition of Akutan to the list of eligible CDQ communities.
Response: NMFS notes these comments.
Comment 2: One letter of comment was received requesting NMFS to
consider for the proposed multispecies CDQ program volumetric
measurements for estimating total catch as opposed to total weight
estimations because of the inherent problems with estimating total
weight on processor vessels.
Response: A proposed rule is under development to implement a
proposed FMP amendment that would extend the CDQ program to include
additional species. If approved, NMFS will require the most reliable
method to measure CDQ catches of groundfish.
Classification
NMFS prepared an FRFA as part of the RIR. A copy of this analysis
is available from NMFS (see ADDRESSES). The addition of Akutan to the
list of eligible CDQ communities in the Aleutian Region would affect a
substantial number of small entities, that is, the other five
communities currently participating in the CDQ program. Akutan would be
expected to receive some CDQ support, and support would be reduced for
one or more of the other communities accordingly. While it is possible
that Akutan would receive only a very small allocation and the
resulting reallocations would not have a significant impact, it is more
likely that
[[Page 41745]]
the reallocations would reduce the gross revenues of the other five
communities by more than 5 percent, thus having a significant economic
impact on these entities. It would be speculative to try to predict
specific allocations or impacts. The economic impact on other
communities is not a factor to be considered in determining whether a
particular community is eligible under the CDQ program. Accordingly,
there are no practical alternatives available or that could be
considered to reduce or minimize the economic impact on other
communities if Akutan is added to the list of CDQ communities. The
other aspects of this final rule are not expected to have a significant
economic impact on a substantial number of small entities.
This rule has been determined to be not significant for purposes of
E.O. 12866.
List of Subjects in 50 CFR Part 679
Fisheries, Reporting and recordkeeping requirements.
Dated: August 5, 1996.
C. Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
For reasons set out in the preamble, 50 CFR part 679 is amended as
follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq.
2. In Sec. 679.30, the last sentence of paragraph (d)(2)(iv) is
revised to read as follows:
Sec. 679.30 General CDQ regulations.
* * * * *
(d) * * *
(2) * * *
(iv) * * * The community of Unalaska is excluded under this
provision.
* * * * *
3. In 679.32, paragraph (e), the introductory text is revised, the
heading for paragraph (e)(1) is removed, paragraph (e)(2) is removed,
paragraphs (e)(1)(i) through (e)(1)(vi) are redesignated as paragraphs
(e)(1) through (e)(6) respectively, current paragraphs (e)(1)(iii)(A)
through (e)(1)(iii)(D) are redesignated as paragraphs (e)(3)(i) through
(e)(3)(iv) respectively, and newly redesignated paragraph (e)(6) is
added as follows:
Sec. 679.32 Estimation of total pollock harvest in the CDQ fisheries
(applicable through December 31, 1998).
* * * * *
(e) Processor vessel measurement requirements. Each processor
vessel participating in the CDQ fishery for pollock must estimate the
total weight of its groundfish catch by the volumetric procedures
specified in this paragraph (e).
* * * * *
(6) Bin viewing port. The receiving bins must not be filled in a
manner that obstructs the viewing ports or prevents the observer from
seeing the level of fish throughout the bin.
4. In Table 7 the heading is revised and the entries under
``Aleutian Region'' are revised, to read as follows: Table 7 to Part
679--Communities Determined to be Eligible to Apply for Community
Development Quotas (Other communities that do not appear on this table
may also be eligible).
Aleutian Region:
1. Akutan
2. Atka
3. False Pass
4. Nelson Lagoon
5. Nikolski
6. St. George
7. St. Paul
* * * * *
[FR Doc. 96-20433 Filed 8-9-96; 8:45 am]
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