[Federal Register Volume 59, Number 2 (Tuesday, January 4, 1994)] [Rules and Regulations] [Pages 258-259] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 93-32102] [[Page Unknown]] [Federal Register: January 4, 1994] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE 50 CFR Part 663 [Docket No. 931244-3344; ID. No. 121493A] Pacific Coast Groundfish Fishery AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; suspension of effectiveness. ----------------------------------------------------------------------- SUMMARY: On November 16, 1992, NMFS promulgated regulations, effective January 1, 1993, establishing a license-limitation-limited-entry system for the Pacific Coast commercial groundfish fishery. The regulations, among other things, require that an owner of a vessel wishing to participate in the limited-entry fishery have a Federally issued limited-entry permit endorsed with an appropriate vessel size endorsement. In view of a delay in issuing certain other regulations necessary to fully implement this system, this action suspends until April 1, 1994, the effectiveness of the vessel size endorsement requirement, which limits variances in vessel length from the length specified in a permit. The intent of this action is to allow vessel owners to participate in the limited-entry fishery who would otherwise be barred from the fishery by the size endorsement requirement. EFFECTIVE DATE: Effective December 29, 1993, the effectiveness of 50 CFR 633.33(f)(2) is suspended until April 1, 1994. FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140. SUPPLEMENTARY INFORMATION: On November 16, 1992, NMFS promulgated regulations codified at 50 CFR 663.30-663.43, and effective January 1, 1993, establishing a license-limitation-limited-entry system for the Pacific Coast commercial groundfish fishery. The regulations, among other things, require that an owner of a vessel wishing to participate in the limited-entry fishery, have a Federally issued limited-entry permit endorsed with an appropriate vessel size endorsement. In general, each limited-entry permit is endorsed with the overall length of the vessel with which it initially qualified for a permit. Under 50 CFR 663.33(f)(2), a limited-entry permit endorsed for gear other than trawl gear may be registered for use with a vessel up to 5 feet (1.52 m) longer than, the same length as, or any length shorter than, the size endorsed on the existing permit. A limited-entry permit endorsed for trawl gear may be registered for use with a vessel between 5 feet (1.52 m) shorter, and 5 feet (1.52 m) longer, than the size endorsed on the existing permit. Where the owner would like to use a limited entry permit with a vessel of a length that exceeds the variance, Sec. 663.33(g) allows the owner to combine two or more limited-entry permits from smaller vessels, in order to ``step-up'' to a permit for the larger vessel. However, before any permits may be combined, Sec. 663.33(g) also requires the Director, Northwest Region, NMFS (Regional Director), with the professional advice of marine architects and other qualified individuals, and after consultation with the Pacific Fishery Management Council (Council), to develop and implement, through amendment of the regulations, a standardized measure of harvest capacity for the purpose of determining the appropriate endorsed lengths for limited-entry permits created by combining two or more permits with smaller size endorsements. While the Regional Director has completed the process of consultation with the appropriate persons and the Council, and has developed regulations to implement the required standardized measure of harvest capacity and associated rules for combining permits, the regulations have not yet been proposed. However, this proposal will soon be published in the Federal Register for public comment, and a final rule is expected to be published and to be effective by April 1, 1994. In anticipation of issuance by January 1, 1994, of the regulations governing the combining of permits, some vessel owners have acquired larger vessels and additional limited-entry permits. NMFS estimates that by January 1, 1994, 30 or more vessel owners will have limited entry permits endorsed with the size of a qualifying vessel that has been replaced by a vessel more than 5 feet (1.52m) longer than the qualifying vessel. Under Sec. 663.33(f)(2), none of these vessel owners could participate in the fishery until he/she obtains a single permit endorsed with the size of the larger vessel. In order to allow limited-entry permit holders in the situation just described to participate in the limited-entry fishery until the date by which the Regional Director is expected to have issued the necessary final rule, NMFS is suspending, until April 1, 1994, the effectiveness of 663.33(f)(2)--the provision of the regulations imposing limitations of endorsed length on the use of limited-entry permits. Failure to take this action would result in limited-entry permit owners who have already obtained, or are in the process of obtaining, additional limited entry permits for combination into a larger permit being unable to participate in the limited-entry fishery until the Regional Director issues the necessary final rule. The limited-entry program is not intended to prevent permit owners from participating in a fishery for which they have obtained the appropriate limited-entry permits. NMFS does not expect this suspension will result in much, if any, additional harvest capacity entering the limited-entry fishery during the time of the suspension. The harvest of all major species taken in the limited-entry fishery during the first 3 months of the calendar year is controlled with restrictive trip limits that serve as a disincentive to any permit holders bringing new, large-capacity fishing vessels into the fishery. Classification This final rule is issued under the Magnuson Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. Because this rule must be in effect at the time limited-entry permits are required for participation in the limited-entry fishery (January 1, 1994) in order to allow vessel owners who intend to combine permits to participate in the limited- entry fishery pending establishment of a system to combine permits, it is unnecessary and not in the public interest to provide prior public comment under 5 U.S.C. 553(b)(B). Also, because this rule temporarily relieves a restriction, it is being made effective immediately without a 30-day delay in effectiveness under 5 U.S.C. 553(d)(1). List of Subjects in 50 CFR Part 663 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: December 29, 1993. Nancy Foster, Deputy Assistant Administrator for Fisheries, National Marine Fisheries Service. For the reasons set out in the preamble, the effectiveness of 50 CFR 663.33 (f)(2) is suspended until April 1, 1994. [FR Doc. 93-32102 Filed 12-29-93; 3:44 pm] BILLING CODE 3510-22-M