[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