[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Proposed Rules]
[Pages 34227-34229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16094]
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[[Page 34228]]
DEPARTMENT OF COMMERCE
50 CFR Part 677
[Docket No. 950615155-5155-01; I.D. 060695A]
RIN 0648-AI01
North Pacific Fisheries Research Plan; Crab Vessel Fee Exemption
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 proposes to exempt certain crab catcher vessels from the
1995 fee-collection program authorized pursuant to the North Pacific
Fisheries Research Plan (Research Plan). This exemption would respond
to a request from the State of Alaska to conform the Research Plan to a
recent change in its crab observer coverage requirements for catcher
vessels participating in the Dutch Harbor and Adak area king crab
fisheries, and would avoid a ``double payment'' by the affected vessels
of both Research Plan fees and costs of the State required direct
observer coverage. This proposed rule is consistent with the intent of
the final rule implementing the Research Plan and is intended to
facilitate Federal/State cooperative implementation of the crab and
groundfish observer programs during the first year of the fee-
collection program authorized under the Research Plan.
DATES: Comments on this proposed rule must be received by July 12,
1995.
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.
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 regulatory amendment was
published in the Federal Register on January 9, 1995 (60 FR 2344),
which clarified 1995 observer coverage requirements and revised the
definition of certain terms set out under Sec. 677.2. The purpose for,
and description of, the Research Plan are contained in the preamble to
the final rule (59 FR 46126, September 6, 1994).
The Research Plan provides for the coordination of the crab
observer program administered by the Alaska Department of Fish and Game
(ADF&G) and the groundfish observer program administered by NMFS.
Regulations implementing the Research Plan set out 1995 observer
coverage requirements for the crab and groundfish fisheries
(Sec. 677.10(a)).
The costs of implementing the Research Plan are financed by a fee
assessment of either 2 percent of the exvessel value of all Research
Plan fisheries or the actual costs of implementing the Research Plan,
whichever is less (Sec. 677.11). Although the fee liability for a given
amount of retained catch is divided equally between the processor and
harvesting vessel, processors are responsible for collecting all fee
assessments and for paying them bimonthly (Sec. 677.6(b)).
Regulations at Sec. 677.6(b)(1) provide exemptions from fee
assessments during 1995 for groundfish catcher vessels equal to or
greater than 60 ft (18.3 m) length overall (LOA) and crab catcher
vessels required to carry observers while participating in specified
crab fisheries. This exemption is accomplished by reducing the
processor's fee assessment for these vessels to one-half of the fee
percentage established pursuant to Sec. 677.11. These two sectors of
the Research Plan fisheries were exempted, because they currently pay
costs for observer coverage that are equal to or greater than amounts
they would contribute under the 1995 Research Plan fee assessment
program.
The 1995 observer coverage requirements for the king and Tanner
crab fisheries of the Bering Sea and Aleutian Islands area are set out
under Sec. 677.10(a)(3). These requirements are intended to reflect
existing ADF&G observer coverage requirements and to apply to all crab
processor vessels and catcher vessels participating in specified crab
fisheries.
In recent years, the number of processor vessels participating in
the Adak and Dutch Harbor king crab fisheries has declined. At this
time, the majority of the participating fleet is made up of catcher
vessels, which currently are not required to carry observers. This has
resulted in a loss of information necessary to manage the Adak and
Dutch Harbor king crab stocks for sustained yield.
At its March 1995 meeting, the Alaska Board of Fisheries (Board)
determined that additional observer coverage is needed for the catcher
vessel fleet participating in these king crab fisheries. In addition to
concerns about the reduced amount of observer data collected from the
Dutch Harbor and Adak king crab fisheries, ADF&G staff also provided
information that indicates that red king crab stocks in the Adak area
are severely depressed and that the Adak fishery should not be opened
unless adequate monitoring of the resource is provided through
increased observer coverage on the catcher vessel fleet.
NMFS does not conduct crab surveys in the Adak and Dutch Harbor
areas. Furthermore, crab resource assessments of these vast areas would
be cost-prohibitive. The Board determined that observer coverage on all
catcher vessels in the Adak and Dutch Harbor king crab fisheries,
beginning with the September 1, 1995, opening of the brown king crab
fishery, is the only means available to collect information sufficient
to manage these stocks and allow a fishery. The Board requested the
North Pacific Fishery Management Council (Council) to take action to
incorporate this additional coverage under the Research Plan and exempt
these vessels from 1995 Research Plan fee assessments to avoid a
``double payment'' of both Research Plan fees and the costs of State
required direct observer coverage.
At its April 1995 meeting, the Council considered the Board's
request, as well as testimony from ADF&G staff and persons representing
the crab industry. The Council concurred with the Board's recommended
action and requested NMFS to initiate rulemaking to revise 1995 crab
observer coverage requirements set out under regulations implementing
the Research Plan. The Council also requested NMFS to extend current
provisions for exemption from the 1995 Research Plan fees
(Sec. 677.6(b)(1)(iii)(B)) to include the above described fee
exemptions for crab catcher vessels participating in the Adak and Dutch
Harbor king crab fisheries.
Table 1 lists the number of vessels participating in the Dutch
Harbor and Adak crab fisheries, the value of these fisheries and
associated costs of increased observer coverage. The catcher vessels'
portion of the 1995 fee based on value of retained catch would be 1
percent of the standard exvessel prices published in the final 1995
Research Plan specifications (59 FR 61556, December 1, 1994) multiplied
by projected catch, or $220,000. The projected observer coverage cost
for these catcher vessels is almost 300
[[Page 34229]]
percent of the anticipated fee amount, or $669,750.
Table 1.--Total Catch, Standard Price, Value, Fee
[1 percent of the value, observer days and cost for catcher vessels and
catcher processor vessels participating in the Dutch Harbor and Adak
king crab fisheries. Catcher vessel observer costs are based on an
assumed cost per observer day equal to $235]
------------------------------------------------------------------------
Dutch Harbor
brown king Adak brown Adak red king
crab king crab crab
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Total catch (lbs)....... 1,500,000 5,000,000 500,000
Standard price.......... $3/lb $3/lb $5/lb
Value................... $4,500,000 $15,000,000 $2,500,000
1% of value............. $45,000 $150,000 $25,000
No. processor vessels... 0 3 3
No. catcher vessels
(CVs).................. 15 25 15
CV observer days........ 900 1,500 450
CV observer cost........ $211,500 $352,500 $105,750
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Table 1 indicates that, if all of the catch in the Dutch Harbor and
Adak king crab fisheries were taken by crab catcher vessels, exempting
these vessels from the 1995 fee-collection program pursuant to the
request of the Board would reduce fee collections by $220,000. In
reality, catcher vessels would not take all of the catch, so the actual
reduction in fees would be somewhat less than this value.
If the average catch per vessel is the same for catcher vessels and
catcher processors, and if the projected numbers of catcher vessels and
catcher processors are used to estimate the percent of catch that will
be taken by catcher vessels, the catcher vessels would take about 91
percent of the catch, the fee exemption for these vessels would result
in a $200,000 reduction in total fee liabilities, and the cost to
catcher vessels for observer coverage as a percent of their standard
exvessel value would be about 3.3 percent with the fee exemption or
about 4.3 percent without the exemption. NMFS does not anticipate that
a $200,000 reduction in 1995 fee liabilities would have a significant
impact on the collection of sufficient funds necessary for full
implementation of the Research Plan in the future.
Classification
The Assistant General Counsel of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The proposed rule would result in reduced costs to the 15 crab catcher
vessels participating in the Adak and Dutch Harbor king crab fisheries.
The reduced fee liability is expected to total about $200,000. As a
result, a regulatory flexibility analysis was not prepared.
If this proposed action is adopted, it should be done as soon as
possible, so that clear instructions may be sent out to the crab
industry, which reflect the amended 1995 fee collection program
authorized under the Research Plan. Delay in implementing the proposed
fee exemption would result in payment of 1995 Research Plan fees, in
addition to payment for observer coverage, by a sector of the crab
catcher vessel fleet. Total costs could exceed 4 percent of the
exvessel value of landed catch. This situation would constitute a
``double payment'' for observer services and is counter to the
Council's intent for the 1995 fee collection program. NMFS is allowing
an opportunity for public comment for a 15-day period to expedite final
action, should NMFS approve it.
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: June 26, 1995.
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. 677.6, paragraph (b)(1)(iii)(A) is revised to read as
follows:
Sec. 677.6 Research Plan fee.
* * * * *
(b) * * *
(1) * * *
(iii) * * *
(A) The round weight or round-weight equivalent of retained catch
of red king crab or brown king crab harvested from ADF&G's Adak
management area defined at 5 AAC 34.700, brown king crab harvested from
ADF&G's Dutch Harbor management area defined at 5 AAC 34.600,
Chionoecetes tanneri Tanner crab, C. angulatus Tanner crab, and
Lithodes cousei king crab determined by the best available information
received by the Regional Director since the last bimonthly billing
period, multiplied by the standard exvessel price established pursuant
to Sec. 677.11 for the calendar year, multiplied by one-half the fee
percentage established pursuant to Sec. 677.11 for the calendar year;
plus
* * * * *
3. In Sec. 677.10, paragraph (a)(3) is revised to read as follows:
Sec. 677.10 General requirements.
(a) * * *
(3) Requirements for vessel operators of Bering Sea and Aleutian
Islands area king and Tanner crab. An operator of a vessel that
harvests or processes king or Tanner crab must have one or more State
of Alaska-certified observers on board the vessel whenever king or
Tanner crab are received, processed, or onboard the vessel in the
Bering Sea and Aleutian Islands area if the operator is required to do
so by Alaska State regulations at 5 AAC 34.035, 34.082, 35.082, or
39.645.
* * * * *
[FR Doc. 95-16094 Filed 6-27-95; 9:18 am]
BILLING CODE 3510-22-N