[Federal Register Volume 59, Number 63 (Friday, April 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7721]


[[Page Unknown]]

[Federal Register: April 1, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 663

[Docket No. 940257-4091; I.D. 030894C]

 

Pacific Coast Groundfish Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; suspension of effectiveness; extension.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this final rule to extend for an additional 14 
days, the current 3-month suspension of the vessel size endorsement 
requirement for vessels operating in the limited-entry fishery for 
Pacific groundfish off Washington, Oregon, and California. On January 
1, 1994, a limited-entry program was implemented in the Pacific coast 
groundfish fishery off Washington, Oregon, and California. The program, 
which was authorized under the Pacific Coast Groundfish Fishery 
Management Plan (FMP), requires an owner of a vessel operating in the 
limited-entry fishery to have a Federally issued limited-entry permit 
with an appropriate vessel size endorsement. In anticipation of a delay 
in issuing final regulations that will allow the stepping-up of size 
endorsements by combining permits, NMFS is extending the current 3-
month suspension of effectiveness of the vessel size endorsement 
requirement for an additional 14 days, until April 15, 1994. The intent 
of this action is to allow owners of vessels that are larger than the 
size endorsed on their permits, who intend to increase the vessel size 
endorsed by combining limited-entry permits, to participate in the 
limited-entry fishery. They would otherwise be barred from the fishery 
pending issuance of the rule allowing the combining of permits.

EFFECTIVE DATE: Effective March 31, 1994, this document extends the 
suspension of the effective date for 50 CFR 663.33(f)(2) from 0001 
hours (local time) April 1, 1994, through 2400 hours (local time) April 
14, 1994.

FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140.

SUPPLEMENTARY INFORMATION: On November 16, 1992, NMFS published 
regulations, effective January 1, 1994, 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 operating in the limited-entry fishery have a 
federally issued limited-entry permit with an appropriate vessel size 
endorsement. Limited-entry permits are transferrable and may be 
combined in order to increase the size endorsement.
    Under Sec. 663.33(f)(2), the owner of a vessel that is larger than 
the size endorsed on the permit could not participate in the fishery 
until he/she obtained a single permit endorsed with the size of the 
larger vessel. The size endorsement requirement was suspended (59 FR 
258; January 4, 1994) for 3 months, until April 1, 1994, pending 
implementation of a rule that would establish a schedule for combining 
permits from smaller vessels (with smaller length endorsements) into 
one permit for a larger vessel with a larger length endorsement. The 
proposed rule for increasing size endorsements was published in the 
Federal Register on February 25, 1994 (59 FR 9171), and the comment 
period ended March 21, 1994.
    A number of vessel owners have acquired larger vessels and 
additional limited-entry permits. However, until the final rule for 
combining permits is issued, they will not know the exact number of 
permits from smaller vessels they will need to satisfy the length 
endorsement for the larger vessel. Even if the final rule were 
effective by April 1, 1994, when the current suspension of the length 
endorsement expires, vessel owners would need additional time to 
complete transfers of permits. Under Sec. 663.33(f)(2), none of these 
vessel owners could participate in the fishery until he/she obtained a 
single permit endorsed with the size of the larger vessel. Therefore, 
it is necessary to extend the suspension of the vessel size endorsement 
requirement for an additional 14 days, until April 15, 1994.
    Failure to extend the suspension of the size endorsement 
requirement would prevent 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, from participating in the 
limited-entry fishery until NMFS 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 further suspension to 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 until April 15 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 the current suspension of effectiveness expires, 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 not in the public interest to provide 
prior public comment under the Administrative Procedure Act (5 U.S.C. 
553(b)(3)(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: March 28, 1994.
Charles Karnella,
Acting Deputy Assistant Administrator for Fisheries, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, the suspension of 50 CFR 
663.33(f)(2) is extended from 0001 hours (local time) April 1, 1994, 
through 2400 hours (local time) April 14, 1994.

[FR Doc. 94-7721 Filed 3-31-94; 8:45 am]
BILLING CODE 3510-22-P