[Federal Register Volume 59, Number 223 (Monday, November 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28683]
[[Page Unknown]]
[Federal Register: November 21, 1994]
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DEPARTMENT OF COMMERCE
50 CFR Part 677
[Docket No. 940412-4310; I.D. 102094A]
RIN 0648-AD80
North Pacific Fisheries Research Plan
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 a proposed rule to clarify and make minor changes
to regulations implementing the North Pacific Fisheries Research Plan
(Research Plan). The proposed rule would clarify 1995 observer coverage
requirements, revise the definition of the term ``processor,'' specify
who is and is not included in the definition of processor, and exempt
certain processors included in the definition from the requirement to
have a Federal Processor Permit. These clarifications will be
incorporated as minor revisions to the instructions accompanying the
Federal Processor Permit Application. In addition, the definition of
``round weight'' will be revised to conform it to recent regulatory
changes. This proposed rule is consistent with the intent of the final
rule implementing the Research Plan and is intended to reduce confusion
during the first year of the fee-collection program authorized under
the Research Plan. NMFS expects these changes to be effective by
January 1, 1995.
DATES: Comments on this proposed rule must be received by December 2,
1994.
ADDRESSES: Comments on this proposed rule may be sent to Ronald J.
Berg, Chief, Fisheries Management Division, Alaska Region, NMFS, 709
West 9th Street, Juneau, AK 99801, or P.O. Box 21668, Juneau, AK 99802-
1668, Attn: Lori J. Gravel. Copies of the Research Plan and the
environmental assessment/regulatory impact review prepared for the
Research Plan may be obtained from the North Pacific Fishery Management
Council, P.O. Box 103136, Anchorage, AK 99510. Copies of the Observer
Plan may be obtained from NMFS at the address noted above.
FOR FURTHER INFORMATION CONTACT: Susan Salveson, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Regulations implementing the Research Plan became effective October
6, 1994 (59 FR 46126, September 6, 1994). A correction subsequently was
published in the Federal Register that delayed specified parts of the
implementing rule until January 1, 1995 (59 FR 51874, October 13,
1994). The purpose for, and description of, the Research Plan are
contained in the preamble to that final rule.
NMFS has identified five areas of ambiguity and inconsistency in
the final rule implementing the Research Plan. Consequently, the
following changes are proposed:
1. The 1995 observer coverage requirements set out at
Sec. 677.10(a)(1)(i)(C) are clarified to continue to exempt from
observer coverage any vessel that delivers unsorted codends to a
processor.
2. The definition of ``processor'' under the Research Plan is
amended to make clear NMFS' interpretation that tender vessels are not
considered processors for purposes of the Research Plan, and that
fishermen who transfer fish to persons outside of the United States are
included in the definition.
3. The requirement for a Federal Processor Permit is also revised.
Certain persons, although considered processors under the definition of
that term, are not required to obtain this permit. Fishermen who sell
fish directly to a restaurant or to another individual for use as bait
or personal consumption or fishermen who transfer fish to a person
outside the United States are not required to have a processor permit.
4. The Federal Processor Permit Application (Form FPP-1) is revised
to reflect changes referenced in items 2. and 3., above; and
5. The definition of ``round weight or round-weight equivalent'' is
revised to reflect the recent amendment of the definition of this term
in 50 CFR 672.2 and 675.2 (59 FR 50699, October 5, 1994).
A further description of and justification for the proposed
regulatory amendments listed under the first three items follow.
1995 Observer Coverage Requirements
Prior to the effective date of the Research Plan, Amendments 13 and
18 to the FMPs for Groundfish of the Gulf of Alaska and Groundfish of
the Bering Sea and Aleutian Islands Area respectively, authorized the
Observer Plan, which set out domestic observer coverage requirements
for groundfish vessels and processors. The Observer Plan stated `` * *
* operators of catcher vessels which transport unsorted codends to a
mothership are not required to comply with this Observer Plan.'' On
April 29, 1994, a final rule was published in the Federal Register to
revise observer coverage requirements that inadvertently deleted this
exemption for catcher vessels 125 ft (38.1 m) length overall (LOA) or
longer (59 FR 22133). This erroneous regulatory language was
incorporated into the final rule implementing 1995 observer coverage
requirements under the Research Plan (Sec. 677.10(a)(1)(i)(C)). The
result is that current regulations under the Research Plan require
catcher vessels 125 ft (38.1 m) LOA or longer to carry an observer at
all times, even when the vessel is delivering unsorted codends to a
processor and no opportunity exists for the observer to observe the
catch.
This proposed rule would revise regulations at
Sec. 677.10(a)(1)(i)(C) to correct this error by requiring a catcher
vessel 125 ft (38.1 m) LOA or longer to carry an observer 100 percent
of its fishing days. The term ``fishing days'' currently is defined at
Sec. 677.2 to exclude days during which a vessel only delivers unsorted
codends to a processor.
Definition of the Term ``Processor''
The definition of the term ``processor,'' as published in the
September 6, 1994, final rule implementing the Research Plan, includes
any person, except a restaurant, who receives fish from fishermen for
commercial purposes. The final rule implementing the Research Plan
added the exclusion for restaurants, but indicated the intent was that
all landings of fish harvested in Research Plan fisheries be accounted
for so that fees may be assessed based on the amount of fish landed and
an annually specified fee per pound.
Under the definition published in the September 6, 1994, final
rule, a tender vessel receiving fish from fishermen for delivery to a
shoreside processing facility could be considered a processor.
Inclusion of tender vessels as processors for purposes of the Research
Plan was not the intent of the final rule implementing the Research
Plan and is unnecessary to account for landings of fish. Accordingly,
NMFS proposes to revise the definition of ``processor'' so that it is
clear that tender vessels are not included.
The definition of processor in the September 6, 1994, final rule
also inadvertently excluded fishermen who transport fish to persons
outside the United States. To date, the amount of fish transferred by
fishermen to persons outside the United States is believed to be small.
However, the halibut and sablefish Individual Fishing Quota (IFQ)
program scheduled for implementation in 1995 (58 FR 59375, November 9,
1993) is anticipated to result in increased deliveries of these species
to persons in Canada and elsewhere outside the United States. Such
deliveries could result in unreported landings. Consequently, NMFS
proposes to revise the definition of ``processor'' to clarify that
these fishermen are considered processors so that they are held
accountable for payment of billed fee assessments.
Exemption of Certain Processors From Applying for a Processor
Permit
The final rule implementing the Research Plan requires that all
processors of fish from Research Plan fisheries must have a Federal
Processor Permit. This requirement is reasonable for those processors
that anticipate participation in a Research Plan fishery, but is not
necessary for a fisherman who delivers fish outside of the United
States or sells fish directly to restaurants or to individuals for use
as bait or personal consumption. Furthermore, the fisherman may not be
the owner of the catcher vessel. Vessel owners often cannot anticipate
the number or identity of operators of their vessels during a given
fishing year. As a result, individual fishermen who are processors
under the Research Plan may be difficult to identify until after an
Alaska Department of Fish and Game (ADF&G) fish ticket or other
documentation of landing has been submitted. Therefore, this proposed
rule would make it explicit that these processors are exempt from such
requirements.
NMFS further notes its intent that the following sections of the
Observer Plan still are effective during the first year of the Research
Plan (1995): (1) Standards of observer conduct (attachment number 3);
and (2) the description, specifications, and work statement for
certified domestic observer contractors, including conflict of interest
standards for NMFS-certified observers and contractors and conditions
for contractor and observer certification revocation (attachment number
4). Copies of the Observer Plan dated May 1994 are available from NMFS
(see ADDRESSES).
After the first year of the Research Plan, standards and criteria
for conduct, certification, conflict of interest, and revocation of
certification of observers and observer contractors will be included as
part of the contractual arrangements between NMFS and observer
contractors.
Classification
This proposed rule includes minor revisions to the instructions
accompanying the collection of information approved by the Office of
Management and Budget, OMB control number 0648-0206 (Processor Permit
Application). No new information is collected, but the number of
persons required to comply with this collection-of-information
requirement is reduced.
The North Pacific Fishery Management Council, NMFS, and the ADF&G
prepared a final Regulatory Flexibility Analysis as part of the
Regulatory Impact Review prepared for the Research Plan. A copy of this
analysis is available from the Council (see ADDRESSES).
NMFS finds that this proposed action should be implemented as soon
as possible so that clear instructions may be sent out to the industry
that reflect what will be in place for the 1995 fee collection program
authorized under the Research Plan. Delay in implementing the proposed
revisions would create unnecessary confusion within the fishing
industry concerning implementation of the Research Plan during 1995.
NMFS is providing a 15-day comment period to expedite final action
while allowing an opportunity for public comment.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
List of Subjects in 50 CFR Part 677
Fisheries, Reporting and recordkeeping requirements.
Dated: November 15, 1994.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 677 is
proposed to be amended as follows:
PART 677--NORTH PACIFIC FISHERIES RESEARCH PLAN
1. The authority citation for part 677 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 677.2, the definitions of ``processor'' and paragraph
(1) of ``round-weight or round-weight equivalent'' are revised and the
definition of ``tender vessel'' is added, in alphabetical order, to
read as follows:
Sec. 677.2 Definitions.
* * * * *
Processor means any shoreside processing facility or vessel that
processes fish, any person who receives fish from fishermen for
commercial purposes, any fisherman who transfers fish outside of the
United States, and any fisherman who sells fish directly to a
restaurant or to an individual for use as bait or personal consumption.
Processor does not include a tender vessel or a restaurant, or a person
who receives fish from fishermen for personal consumption or bait.
* * * * *
Round weight or round-weight equivalent means:
(1) For groundfish or halibut--the weight of fish calculated by
dividing the weight of the primary product made from that fish by the
standard product recovery rate for that primary product as listed in
Sec. 672.20(j) of this chapter, or, if not listed, the weight of fish
calculated by dividing the weight of a primary product by the standard
product recovery rate as determined using the best available evidence
on a case-by-case basis.
* * * * *
Tender vessel means a vessel that does not process fish but that is
used to transport fish from another vessel to a shoreside processing
facility or to a vessel that processes fish for commercial use or
consumption, or for delivery to such a processing facility or vessel.
3. In Sec. 677.4, paragraph (a) is revised to read as follows:
Sec. 677.4 Permits.
(a) General. In addition to the permit and licensing requirements
at Sec. 301.3 of this title and Secs. 672.4, 675.4, and Sec. 676.13 of
this chapter, a processor of fish from a Research Plan fishery must
have a Federal Processor Permit issued by the Regional Director under
this section, except that this requirement does not apply to any
fisherman who transfers fish outside of the United States, or any
fisherman who sells fish directly to a restaurant or to an individual
for use as bait or personal consumption. Federal Processor Permits will
be issued without charge.
* * * * *
4. In Sec. 677.7, paragraph (e) is revised to read as follows:
Sec. 677.7 General prohibitions.
* * * * *
(e) Process or receive fish from a Research Plan fishery without a
valid permit issued pursuant to this part.
* * * * *
5. In Sec. 677.10, paragraph (a)(1)(i)(C) is revised to read as
follows:
Sec. 677.10 General requirements.
(a) * * *
(1) * * *
(i) * * *
(C) A catcher/processor or catcher vessel 125 ft (38.1 m) LOA or
longer must carry a NMFS-certified observer during 100 percent of its
fishing days while fishing for groundfish, except for a vessel fishing
for groundfish with pot gear as provided in paragraph (a)(1)(i)(F) of
this section.
* * * * *
Figure 1 to Part 677 [Amended]
6. Figure 1 to part 677, Federal Processor Permit Application (Form
FPP-1), is revised to read as follows:
BILLING CODE 3510-22-M
TP21NO94.000
TP21NO94.001
TP21NO94.002
TP21NO94.003
TP21NO94.004
[FR Doc. 94-28683 Filed 11-17-94; 8:57 am]
BILLING CODE 3510-22-C