[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20820]
[[Page Unknown]]
[Federal Register: August 24, 1994]
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DEPARTMENT OF COMMERCE
50 CFR Part 676
[Docket No. 940546-4219; I.D. 060994B]
RIN 0648-AD19
Limited Access Management of Federal Fisheries In and Off of
Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues a final rule to implement Amendment 30 to the
Fishery Management Plan (FMP) for the Groundfish Fishery of the Bering
Sea and Aleutian Islands Area (BSAI) and Amendment 34 to the FMP for
Groundfish of the Gulf of Alaska (GOA), and to implement regulatory
amendments affecting the Pacific halibut and sablefish fisheries in and
off of the State of Alaska (Alaska or State). This action is necessary
to raise the sablefish community development quota (CDQ) allocation
limit for qualified applicants from 12 percent to 33 percent in order
to allow total allocation of the sablefish CDQ reserve, and to expand
the types of evidence that may be used to verify vessel leases for the
Pacific halibut and sablefish individual fishing quota (IFQ) program.
EFFECTIVE DATE: September 23, 1994.
ADDRESSES: Copies of Amendments 30 and 34 to the FMPs and the
Regulatory Impact Review may be obtained from the North Pacific Fishery
Management Council (Council), P.O. Box 103136, Anchorage, AK 99510.
FOR FURTHER INFORMATION CONTACT: John Lepore, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
The Pacific halibut and sablefish CDQ program was designed to
promote the revitalization of rural communities in Western Alaska by
providing those communities access to nearby fishery resources. The
program was developed under the authority of, and is consistent with,
the management objectives of the Magnuson Fishery Conservation and
Management Act and the Northern Pacific Halibut Act. This action
implements Amendment 30 to the FMP for the BSAI, raising the sablefish
CDQ allocation limit for a qualified applicant from 12 percent to 33
percent. Amendment 34 to the FMP for the GOA corrects the inadvertent
inclusion of the CDQ program in that FMP by removing and reserving
section 4.4.1.1.8.
This action will not change the amount of sablefish available for
harvest by persons participating in the Pacific halibut and sablefish
IFQ program. The sablefish CDQ reserve, 20 percent of the annual fixed-
gear total allowable catch of sablefish for each management area in the
BSAI, will be the same amount under this action as it was under the
previous management program.
Inclusion of IPHC Area 4A as a Compensating Non-CDQ Area
Title 50 CFR 676.24(i)(1) has been amended to include regulatory
area 4A, because no halibut quota from area 4A is being made available
to the halibut CDQ program.
Vessel Lease Verification
Title 50 CFR 676.20(a)(1)(iii) has been amended to expand the types
of evidence that can be submitted to verify a vessel lease. This
implements the Council's intent to open the appeals process to persons
who claim they had a lease, but who are unable to produce the specific
evidence required under the previous regulatory language.
Further information on any of the aforementioned topics can be
obtained from the preamble to the proposed rule published on May 31,
1994 (59 FR 28048).
Response to Comments
Six comments were received on Amendments 30 and 34. Five were from
Federal agencies, and merely stated that the action was reviewed and no
comments were forthcoming. The sixth comment was in support of raising
the sablefish CDQ allocation from 12 to 33 percent because it would
allow the entire amount of the CDQ sablefish reserve to be allocated.
The FMP amendatory language and implementing regulatory language of
this action are identical to that in the proposed rule published on May
31, 1994 (59 FR 28048).
Classification
The Deputy General Counsel of the Department of Commerce has
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this rule will not have a significant impact on a
substantial number of small entities.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
List of Subjects in 50 CFR Part 676
Fisheries, Reporting and recordkeeping requirements.
Dated: August 18, 1994.
Gary C. Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 676 is amended
as follows:
PART 676--LIMITED ACCESS MANAGEMENT OF FEDERAL FISHERIES IN AND OFF
OF ALASKA
1. The authority citation for part 676 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq. and 1801 et seq.
2. Section 676.20(a)(1)(iii) is revised to read as follows:
Sec. 676.20 Individual allocations.
* * * * *
(a) * * *
(1) * * *
(iii) Conclusive evidence of a vessel lease will include a written
vessel lease agreement or a notarized statement from the vessel owner
and lease holder attesting to the existence of a vessel lease agreement
at any time during the QS qualifying years. Conclusive evidence of a
vessel lease must identify the leased vessel and indicate the name of
the lease holder and the period of time during which the lease was in
effect. Other evidence, which may not be conclusive, but may tend to
support a vessel lease, may also be submitted.
* * * * *
3. Section 676.24 is amended by revising paragraphs (b), (e)(1) and
(i)(1) to read as follows:
Sec. 676.24 Western Alaska Community Development Quota Program.
* * * * *
(b) Sablefish CDQ Program. In the proposed and final harvest limit
specifications required under Sec. 675.20(a) of this chapter, NMFS will
specify 20 percent of the fixed gear allocations of sablefish in each
Bering Sea and Aleutian Islands subarea, as provided under
Sec. 675.24(c) of this chapter, as a sablefish CDQ reserve, exclusive
of issued QS. Portions of the CDQ reserve for each subarea may be
allocated for the exclusive use of CDQ applicants in accordance with
CDPs approved by the Governor in consultation with the Council and
approved by the Secretary. NMFS will allocate no more than 33 percent
of the total CDQ for all subareas combined to any one applicant with an
approved CDQ application.
* * * * *
(e) Secretarial review and approval of CDPs. (1) Upon receipt by
the Secretary of the Governor's recommendation for approval of proposed
CDPs, the Secretary will review the record to determine whether the CDQ
applicant eligibility criteria and the evaluation criteria set forth in
paragraph (f) of this section have been met. The Secretary will then
approve or disapprove the Governor's recommendation within 45 days of
its receipt. In the event of approval, the Secretary will notify the
Governor and the Council in writing, including the Secretary's reasons
for approval. The decision, including the percentage of the sablefish
and halibut CDQ reserves allocated to each CDP and the availability of
the findings, will be published in the Federal Register. NMFS will
allocate no more than 33 percent of the sablefish CDQ reserve to any
one applicant with an approved CDP. A CDQ applicant may not
concurrently receive more than one halibut CDQ or more than one
sablefish CDQ, and only one application for each type of CDP per CDQ
applicant will be accepted.
* * * * *
(i) Compensation for CDQ allocations. (1) The Regional Director
will compensate persons who receive a reduced halibut QS in IPHC
regulatory areas 4B, 4C, 4D, or 4E because of the halibut CDQ program
by adding halibut QS from IPHC regulatory areas 2C, 3A, 3B, and 4A.
This compensation of halibut QS from areas 2C, 3A, 3B, and 4A will be
allocated in proportion to the amount of halibut QS foregone due to the
CDQ allocation authorized by this section.
* * * * *
[FR Doc. 94-20820 Filed 8-23-94; 8:45 am]
BILLING CODE 3510-22-W
