[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]


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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.

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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