[Federal Register Volume 59, Number 103 (Tuesday, May 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13132]


[[Page Unknown]]

[Federal Register: May 31, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 676

[Docket No. 940546-4146; I.D. 050494A]
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: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed 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 make 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, and to 
clarify the evidence that may be used to verify vessel leases for the 
Pacific halibut and sablefish individual fishing quota (IFQ) program. 
It is intended to allow total allocation of the sablefish CDQ reserve 
and to provide IFQ program applicants with information about the 
evidence required for vessel lease verification.

DATES: Comments must be received by July 11, 1994.

ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, 709 W. 9th, Room 453, Juneau, 
AK 99801 or P.O. Box 21668, Juneau, AK 99802, Attention: Lori J. 
Gravel. Copies of Amendments 30 and 34 to the FMPs and the Regulatory 
Impact Review may be obtained from the North Pacific Fishery Management 
Council, P.O. Box 103136, Anchorage, AK 99510.

FOR FURTHER INFORMATION CONTACT: John Lepore, Fisheries Regulations 
Specialist, Alaska Region, NMFS, at 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, and is consistent with, the 
management objectives of the Magnuson Fishery Conservation and 
Management Act and the Northern Pacific Halibut Act (Halibut Act). The 
current regulations permit the NMFS to allocate up to 12 percent of the 
total sablefish CDQ reserve to any one applicant. This action would 
implement Amendment 30 to the Bering Sea FMP, raising the sablefish CDQ 
allocation limit for qualified applicants to 33 percent. Amendment 34 
to the Gulf of Alaska FMP would correct the inadvertent inclusion of 
the CDQ program in that FMP by removing and reserving section 
4.4.1.1.8.
    The 12 percent limit was designed to prevent monopolization of the 
CDQ allocations and to ensure an adequate distribution of benefits from 
the CDQ program (57 FR 57130, December 3, 1992). The 12 percent limit 
for sablefish CDQ allocations was set by the North Pacific Fishery 
Management Council (Council) during the development phase of the 
Pacific halibut and sablefish IFQ program, when 55 communities were 
initially determined to be eligible to apply for sablefish CDQ 
allocations. The 12 percent limit was designed to ensure that 
sufficient amounts of the sablefish CDQ reserve would be available for 
all communities without excessive, and inefficient, competition.
    No limit was set for Pacific halibut CDQ allocations because the 
Pacific halibut CDQ reserve will be allocated to eligible applicants 
according to their geographical proximity to an International Pacific 
Halibut Commission (IPHC) management area. This means that the Pacific 
halibut CDQ reserve from an IPHC management area will generally go to 
the community group or groups within that management area.
    The pollock CDQ program was implemented while the Pacific halibut 
and sablefish CDQ program was awaiting Secretarial approval. In 
anticipation of participating in the pollock CDQ program, the 55 
eligible communities decided to pool their efforts in producing 
Community Development Plans (CDP) and managing CDQ harvest; they joined 
together in six groups. The 12 percent limit on allocation in the 
Pacific halibut and sablefish CDQ program is no longer feasible, 
because allocations to the six groups would allocate only 72 percent of 
the CDQ reserve resources.
    The Council thus recommended raising the limit on sablefish CDQ 
allocations in the Pacific halibut and sablefish CDQ program.

Proposed Action Raising the Sablefish CDQ Allocation Limit

    The proposed action would also change the terms ``community'' and 
``communities'' to ``CDQ applicant'' and ``CDQ applicants,'' 
respectively. It would allow the Pacific halibut and sablefish CDQ 
program to operate under the same CDQ reserve allocation limits as the 
pollock CDQ program.
    The proposed action would not change the amount of sablefish 
available for harvest by fishermen 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, would be the same amount under the 
proposed action as it is under the current management program.

Inclusion of IPHC Area 4A as a Compensating Non-CDQ Area

    Currently, 50 CFR 676.24(i)(1) provides that:

    The Regional Director will compensate persons that 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, and 3B. This compensation of halibut QS 
from areas 2C, 3A, and 3B will be allocated in proportion to the 
amount of halibut QS foregone due to the CDQ allocation authorized 
by this section.

    No halibut quota from area 4A is being made available to the 
halibut CDQ program, so area 4A should have been included with areas 
(2C, 3A, and 3B) that compensate persons who receive reduced halibut QS 
because of CDQ allocations.
    To correct this omission, area 4A is added in the regulatory text 
as an area that will provide halibut QS as compensation in proportion 
to the amount of halibut QS foregone due to CDQ allocations.

Vessel Lease Verification

    The current regulatory language, found at 50 CFR 676.20(a)(1)(iii), 
provides that:

    Evidence of a vessel lease shall be limited to 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.

    The proposed change to 50 CFR 676.20(a)(1)(iii) would provide that:

    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.

    The types of evidence that can be submitted to verify a vessel 
lease would be expanded. The Council intends 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 current regulatory 
language. Other types of evidence that could be submitted under the 
proposed rule include canceled checks or receipts for IPHC or 
Commercial Fisheries Entry Commission permits, Internal Revenue Service 
tax forms showing a business deduction for the lease, or 1099 tax forms 
demonstrating the payment of crew.
    The proposed language, like the current language, would not assure 
that the evidence submitted would verify the vessel lease claimed. NMFS 
will carefully evaluate all evidence submitted to verify a vessel lease 
agreement.

Classification

    The General Counsel of the Department of Commerce has certified to 
the Small Business Administration that this proposed rule, if adopted, 
will not have a significant impact on a substantial number of small 
entities. The 55 communities eligible to apply for sablefish CDQ 
allocations are expected to apply as six groups. This creates an 
inability to allocate all of the sablefish CDQ reserve, with the 12 
percent limit, to achieve 100 percent allocation. Of the affected 
entities, only the estimated six CDQ applicants (made up of the 55 
eligible communities) would be affected. While a substantial number of 
the CDQ groups would be affected by this action, there is no evidence 
that any of the criteria for significant economic impact on the CDQ 
groups would occur.
    This proposed rule is exempt from prepublication review for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 676

    Fisheries; Reporting and recordkeeping requirements.

    Dated: May 24, 1994.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 676 is 
proposed to be 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 forgone due to the 
CDQ allocation authorized by this section.
* * * * *
[FR Doc. 94-13132 Filed 5-25-94; 10:10 am]
BILLING CODE 3510-22-F