[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20820]


[[Page Unknown]]

[Federal Register: August 24, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Part 676

[Docket No. 940546-4219; I.D. 060994B]
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: Final rule.

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SUMMARY: NMFS issues a final 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 implement 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 in order 
to allow total allocation of the sablefish CDQ reserve, and to expand 
the types of evidence that may be used to verify vessel leases for the 
Pacific halibut and sablefish individual fishing quota (IFQ) program.

EFFECTIVE DATE: September 23, 1994.

ADDRESSES: Copies of Amendments 30 and 34 to the FMPs and the 
Regulatory Impact Review may be obtained from the North Pacific Fishery 
Management Council (Council), P.O. Box 103136, Anchorage, AK 99510.

FOR FURTHER INFORMATION CONTACT: John Lepore, 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 of, and is consistent with, 
the management objectives of the Magnuson Fishery Conservation and 
Management Act and the Northern Pacific Halibut Act. This action 
implements Amendment 30 to the FMP for the BSAI, raising the sablefish 
CDQ allocation limit for a qualified applicant from 12 percent to 33 
percent. Amendment 34 to the FMP for the GOA corrects the inadvertent 
inclusion of the CDQ program in that FMP by removing and reserving 
section 4.4.1.1.8.
    This action will not change the amount of sablefish available for 
harvest by persons 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, will be the same amount under this action as it was under the 
previous management program.

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

    Title 50 CFR 676.24(i)(1) has been amended to include regulatory 
area 4A, because no halibut quota from area 4A is being made available 
to the halibut CDQ program.

Vessel Lease Verification

    Title 50 CFR 676.20(a)(1)(iii) has been amended to expand the types 
of evidence that can be submitted to verify a vessel lease. This 
implements the Council's intent 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 previous regulatory language.
    Further information on any of the aforementioned topics can be 
obtained from the preamble to the proposed rule published on May 31, 
1994 (59 FR 28048).

Response to Comments

    Six comments were received on Amendments 30 and 34. Five were from 
Federal agencies, and merely stated that the action was reviewed and no 
comments were forthcoming. The sixth comment was in support of raising 
the sablefish CDQ allocation from 12 to 33 percent because it would 
allow the entire amount of the CDQ sablefish reserve to be allocated.
    The FMP amendatory language and implementing regulatory language of 
this action are identical to that in the proposed rule published on May 
31, 1994 (59 FR 28048).

Classification

    The Deputy General Counsel of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule will not have a significant impact on a 
substantial number of small entities.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 676

    Fisheries, Reporting and recordkeeping requirements.

    Dated: August 18, 1994.
Gary C. Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 676 is 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 foregone due to the 
CDQ allocation authorized by this section.
* * * * *
[FR Doc. 94-20820 Filed 8-23-94; 8:45 am]
BILLING CODE 3510-22-W