[Federal Register Volume 60, Number 5 (Monday, January 9, 1995)]
[Rules and Regulations]
[Pages 2344-2350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-407]



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DEPARTMENT OF COMMERCE
50 CFR Part 677

[Docket No. 940412-4360; 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: Final rule.

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SUMMARY: NMFS issues a final rule to clarify and make minor changes to 
the regulations implementing the North Pacific Fisheries Research Plan 
(Research Plan). This action clarifies 1995 observer coverage 
requirements, revises the definition of the term ``processor,'' 
specifies who is and is not included in the definition of processor, 
and exempts certain processors included in the definition from the 
requirement to have a Federal Processor Permit. These clarifications 
are incorporated as minor revisions to the instructions accompanying 
the Federal Processor Permit Application. In addition, the definition 
of ``round weight'' is revised to conform it to recent regulatory 
changes. This final rule is consistent with the intent of the 
regulations implementing the Research Plan and is intended to reduce 
confusion during the first year of the fee-collection program 
authorized under the Research Plan.

EFFECTIVE DATE: January 4, 1995.

[[Page 2345]] ADDRESSES: Copies of the Research Plan and the 
environmental assessment/regulatory impact review (EA/RIR) 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 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.

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). The purpose, and description 
of, the Research Plan are contained in the preamble of the Federal 
Register action publishing the implementing regulations. A correction 
subsequently was published in the Federal Register that delayed 
specified parts of the regulations until January 1, 1995 (59 FR 51874, 
October 13, 1994).
    A proposed rule was published in the Federal Register November 21, 
1994 (59 FR 59983) that would revise the regulations implementing the 
Research Plan to remove regulatory ambiguity and inconsistency 
identified by NMFS. Comments on the proposed rule were invited through 
December 3, 1994. No written comments were received during the comment 
period.
    NMFS has determined that the following changes to the regulations 
implementing the Research Plan are consistent with the intent of the 
Research Plan, and consequently approves them:
    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 buying stations 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 these regulatory 
amendments are explained in the preamble to the proposed rule.
    As presented in the preamble to the proposed rule, NMFS also notes 
that the following sections of the Observer Plan remain 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.

Changes in the Final Rule From the Proposed Rule

    NMFS has implemented one change in the final rule from the proposed 
rule to address more effectively the need for revision of the 
definition of ``processor.'' The proposed rule clarified that tender 
vessels are not processors for purposes of the Research Plan, because 
these vessels are used to simply receive unprocessed groundfish from a 
vessel for delivery to a shoreside processor or mothership and do not 
process that fish. However, NMFS is aware of operations other than 
tender vessels that provide this delivery service and, therefore, also 
should be excluded from the definition of ``processor'' for purposes of 
the Research Plan. As a result, the term ``tender vessel'' is replaced 
with the term ``buying station'' at Sec. 677.2 in order to exclude 
these other operations from the definition of ``processor.''

Classification

    This final rule includes minor revisions to the instructions 
accompanying the collection of information approved by the Office of 
Management and Budget (OMB), OMB control number 0648-0206 (Processor 
Permit Application). No new information is being collected. The number 
of persons required to comply with the collection-of-information 
requirements is reduced.
    The North Pacific Fishery Management Council, NMFS, and the Alaska 
Department of Fish and Game prepared a final Regulatory Flexibility 
Analysis as part of the RIR prepared for the Research Plan. A copy of 
this analysis is available from the Council (see ADDRESSES).
    NMFS finds that this final 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 revisions 
would create unnecessary confusion within the fishing industry 
concerning implementation of the Research Plan during 1995. Because 
this is a substantive rule that relieves a restriction on catcher 
vessel owners to apply for a Federal Processor Permit, the 30-day 
delayed effectiveness provision of the Administrative Procedure Act, 5 
U.S.C. 53(d), does not apply.
    This final 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: December 30, 1994.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 677 is 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 ``buying station'' is added, in alphabetical order, to 
read as follows:


Sec. 677.2  Definitions.

* * * * * [[Page 2346]] 
    Buying station means a person or vessel that receives unprocessed 
fish from a vessel for delivery to a shoreside processing facility or 
mothership processor vessel and that does not process those fish.
* * * * *
    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 buying station 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.
* * * * *
    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-W
[[Page 2347]]

[GRAPHIC][TIFF OMITTED]TR09JA95.000


[[Page 2348]]

[GRAPHIC][TIFF OMITTED]TR09JA95.001



BILLING CODE 3510-22-C
[[Page 2349]]

Instructions

    A separate application must be completed for each vessel or 
processor. Type or print legibly in ink; retain a copy of completed 
application. Completed forms should be mailed to: NMFS Alaska 
Region, P.O. Box 21668, Juneau, AK 99802-1668. If you have any 
questions, please call Enforcement at 907-586-7225.

Block A--Permit Amendment Information

    If you already have a valid Federal permit, but the information 
originally provided on your application has changed, you should fill 
out this block. Provide your current Federal Fisheries Permit number 
and/or your Federal Processor Permit number, and check the item(s) 
that have changed. Written notification of changes must be received 
within 10 days of the date of the change.

Block B--Vessel Information

    Complete Block B if the permit is for a vessel.
    Vessel Name--Enter complete vessel name as displayed in official 
documentation.
    ADF&G Number--Enter 5-digit State of Alaska Department of Fish & 
Game (ADF&G) number (example: 51233).
    Coast Guard Number--Enter Coast Guard documentation number 
(example 566722) or state registration number (example: AK3456C).
    Homeport--Enter homeport (city and state) as recorded in 
official documentation.
    Length Overall--Enter the vessel's length overall in feet, which 
is defined as the horizontal distance, rounded to the nearest foot, 
between the foremost part of the stem and the aftermost part of the 
stern, excluding bowsprits, rudders, outboard motor brackets, and 
similar fittings or attachments.
    Net Tonnage--Enter registered net tonnage (U.S. tons) as stated 
in official documentation.
    Vessel Telephone, FAX, and INMARSAT Numbers--Enter telephone, 
FAX, and INMARSAT (satellite communication) numbers used onboard the 
vessel.

Block C--Shoreside Processor Information

    Complete Block C if the permit is for a shoreside processor, 
which is defined as any person, that receives unprocessed fish, 
except Catcher/Processors, Mothership Processor Vessels, Buying 
stations, restaurants, or persons buying fish from fishermen for use 
as bait or personal consumption.
    Processor Name--Enter complete name as displayed in official 
documentation.
    Business Street Address--Enter complete street address of the 
shoreside processing facility, including street number, city, state 
and zip code.
    ADF&G Processor Code--Enter the Alaska Department of Fish and 
Game Processor Number assigned to the processor.
    Telephone and FAX Numbers--Enter telephone and FAX numbers used 
at the shoreside processor.

Block D--Owner Information

    Enter information on the owner of the vessel listed in block B 
or the shoreside processor listed in block C.
    Owner Name(s)--Enter the full name(s) of the vessel or processor 
owner(s). If there is more than one owner, list the principal owner 
first; the permit will be issued to the first owner listed, with an 
ET AL. notation. The permit MUST be issued to the owner of the 
vessel or processor, not operators or lessees.
    Business Mailing Address--Enter your complete PERMANENT business 
mailing address, including state and zip code. Your permit will be 
sent to this address. If you need to have your permit sent to a 
different address, please enter your PERMANENT business address on 
the application and attach a note with your alternate address.
    Managing Company--Enter the name of any company (other than the 
owner) that manages the operations of your vessel or processor.
    Telephone and FAX Numbers--Enter telephone and FAX numbers used 
by the vessel or processor owner. It is very important that you 
provide a telephone number where we can contact you, or where we can 
leave messages for you; if questions arise concerning your 
application and we cannot contact you by telephone, issuance of your 
permit will be delayed.

Block E--Federal Fisheries Permit Information

    Federal Fisheries Permits are required for all vessels 
conducting groundfish operations in the 3-200 mile zone off Alaska. 
This includes vessels fishing for groundfish, vessels processing 
groundfish, and support vessels assisting other groundfish vessels. 
``Groundfish'' means pollock, Pacific cod, sablefish, Atka mackerel, 
rockfish, smelt, eulachon, capelin, sharks, skates, sculpins, 
octopus, squid, and any species of flatfish except Pacific halibut.
    Fisheries--Indicate the fishery or fisheries for which you are 
applying. You may apply for a single fishery or both.
    Vessel Operations Categories--Indicate the type of operations 
you conduct in the groundfish fishery. Check Support Vessel, or any 
combination of Catcher Vessel, Catcher/Processor, Mothership, and 
Tender Vessel. (A vessel permitted as a Catcher Vessel, Catcher/
Processor, Mothership, and/or Tender Vessel may conduct all 
operations authorized for a Support Vessel.) These categories are 
defined as follows:
    Catcher Vessel--A vessel that is used for catching fish and that 
does not process onboard.
    Catcher/Processor--A vessel that is used for catching fish and 
processing that fish.
    Mothership--A vessel that receives and processes fish from other 
vessels.
    Tender Vessel--A vessel that is used to transport unprocessed 
fish received from another vessel to a shoreside processor, 
mothership, or buying station.
    Support Vessel--Any vessel that is used in support of a 
permitted vessel, including, but not limited to, supplying a fishing 
vessel with water, fuel, provisions, fishing equipment, fish 
processing equipment or other supplies, or transporting processed 
fish. This category does not include processors or Tender Vessels.
    Processing is defined as the preparation of fish to render it 
suitable for human consumption, industrial uses, or long-term 
storage, including but not limited to cooking, canning, smoking, 
salting, drying, freezing, or rendering into meal or oil, but does 
not mean icing, bleeding, or gutting.
    Gear Type--Groundfish Catcher Vessels and Catcher/Processors 
need to indicate the gear type(s) used for groundfish operations.
    Catcher Vessels Only--Indicate whether the only groundfish you 
retain is bycatch from halibut, crab, or salmon fisheries, or 
whether the only groundfish you expect to target on is blackcod in 
the Gulf of Alaska. Your answers will not restrict you from 
participating in other groundfish fisheries; they will only be used 
to determine whether NMFS will send you a 25-page Catcher Vessel 
logbook, or a 50-page logbook.

Block F--Federal Processor Permit Information

    Any shoreside facility or vessel that processes fish from 
Research Plan fisheries for commercial use or consumption and any 
person, except restaurants or buying stations, who receives fish 
from fishermen for commercial purposes must have a Federal Processor 
Permit.
    Indicate the fishery or fisheries for which you are applying. 
You may apply for a single fishery or any combination.
    Indicate the semi-annual period for which you are applying. You 
may not apply for both periods. Processors who receive permits for 
January 1-June 30 will receive renewal applications for permits for 
the second half of the year. All Research Plan fees must be paid 
before the next semi-annual processor permit will be issued.

Block G--Signature

    The owner must sign and date the application certifying that all 
information is true, correct, and complete to the best of the 
owner's knowledge and belief. The application will be considered 
incomplete without this signature.

Logbooks

    If you apply for a Federal Fisheries Permit, you will receive a 
logbook for each Vessel Operations Category that you check. For 
example, if you check Catcher Vessel and Catcher/Processor, you will 
receive a Catcher Vessel Daily Fishing Logbook AND a Catcher/
Processor Daily Cumulative Production Logbook. There are two 
exceptions:
    Support Vessels do not receive logbooks.
    Vessels under 5 net tons do not receive logbooks.
    A Shoreside Processor logbook will also be sent with each 
Federal Processor Permit for groundfish issued to a shoreside 
processor. A Mothership logbook will be sent with each Federal 
Processor Permit for groundfish issued to a vessel that does not 
also have a Federal Fisheries Permit.

Special Handling of Permits

    Please allow at least 10 days for processing your permit. Do not 
wait until right before an opening to apply for your permit--we may 
not be able to get it to you in time. You may fax your permit 
application to us at 907-586-7313, but we cannot fax your permit 
back to you. [[Page 2350]] 
    We cannot pay for express mailing if you do apply late. We can 
express mail your permit to you only if you send us an express mail 
envelope with the correct amount of postage prepaid. Please send the 
largest envelope available, approximately 12'' x 18'' or send 
express mail stamps UNATTACHED to an envelope. If the express mail 
envelope you send is too small or does not have enough postage 
attached, we will be required to send your permit and logbooks to 
you by regular U.S. mail. Keep in mind that we send the appropriate 
logbook(s) WITH Federal Fisheries Permits for groundfish and with 
Federal Processor Permits. See Logbooks on the preceding page to 
determine what logbook(s) you will be sent, if any. Following is the 
approximate size and weight of each logbook:

------------------------------------------------------------------------
                                           Dimensions        Weight     
------------------------------------------------------------------------
Catcher Vessel logbook.................  9'' x 12.5''   3 lbs. 9 oz.    
Catcher/Processor logbook..............  9'' x 12.5''   4 lbs. 2 oz.    
Mothership logbook.....................  9'' x 12.5''   2 lbs.          
Buying Station logbook.................  9'' x 12.5''   3 lbs. 11 oz.   
Shoreside Processor logbook............  11'' x 17''    4 lbs. 10 oz.   
------------------------------------------------------------------------

Other Fisheries and Licenses

    Salmon Power Troll--State of Alaska Interim Use and Limited 
Entry Power Troll licenses serve as a Federal permit. If you do not 
currently possess either State license, a Federal permit may be 
issued provided that sometime during the years 1975-1977, you: a) 
operated a vessel in the 3-200 mile zone off Alaska; b) engaged in 
commercial fishing for salmon from that vessel in the 3-200 mile 
zone off Alaska; AND c) landed salmon caught with power troll gear. 
If you believe that you meet these conditions, please contact NMFS 
at 907-586-7225. You will be required to provide fish tickets or 
other landing receipts showing compliance with the above 
requirements.
    Halibut--A Federal Processor Permit is required for anyone that 
processes Pacific halibut off Alaska. In addition, vessels that fish 
for halibut are required to have a license from the International 
Pacific Halibut Commission (IPHC). Questions regarding IPHC licenses 
should be directed to: International Pacific Halibut Commission, 
P.O. Box 95009, Seattle, WA 98145-2009. Phone: 206-634-1838.
    Tanner Crab and King Crab--State of Alaska area registration 
serves as the required Federal area registration.
    State of Alaska Permits--Contact the Commercial Fisheries Entry 
Commission at 907-789-6150 for information on State of Alaska 
permits and regulations.

Public Reporting Burden Statement

    NMFS estimates that the public reporting burden will average 
0.33 hour per response for completing the Federal Fisheries Permit 
and Federal Processor Permit application, including the time for 
reviewing instructions, searching existing data sources, gathering 
and maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding these burden 
estimates or any other aspect of the data requirements, including 
suggestions for reducing the burden, to Ronald J. Berg, Chief, 
Fisheries Management Division, Alaska Region, National Marine 
Fisheries Service, P.O. Box 21668, Juneau, AK 99802 (Attn: Lori 
Gravel), and to the Office of Management and Budget, Paperwork 
Reduction Project (0648-0206), Washington, DC 20503 (Attn: NOAA Desk 
Officer).

[FR Doc. 95-407 Filed 1-4-95; 1:25 pm]
BILLING CODE 3510-22-W