[Federal Register Volume 60, Number 154 (Thursday, August 10, 1995)]
[Rules and Regulations]
[Pages 40763-40775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19344]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 671, 672, 675, 676, and 677

[Docket No. 950508130-5171-02; I.D. 050195A]
RIN 0648-AH62


Limited Access Management of Federal Fisheries In and Off Alaska; 
Groundfish and Crab Fisheries Moratorium

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS by this final rule imposes a temporary moratorium on the 
entry of new vessels into the groundfish fisheries under Federal 
jurisdiction in the Bering Sea and Aleutian Islands (BSAI) management 
area, the crab fisheries under Federal jurisdiction in the BSAI Area, 
and the groundfish fisheries under Federal jurisdiction in the Gulf of 
Alaska (GOA). This action curtails increases in fishing capacity and 
provides industry stability while the North Pacific Fishery Management 
Council (Council) and NMFS prepare, review, and, if approved, implement 
a comprehensive management plan for these fisheries. This action is 
intended to promote the conservation and management objectives of the 
Council and the Magnuson Fishery Conservation and Management Act 
(Magnuson Act).

EFFECTIVE DATES: Effective September 11, 1995 through December 31, 
1998, except for the amendments to Secs. 671.4, 672.4, and 675.4, and 
Secs. 676.3 and 676.4, which will become effective on January 1, 1996, 
through December 31, 1998; and the amendments to Figure 1 to part 677, 
Sec. 677.4, and Secs. 671.2, and 671.3, which are effective September 
11, 1995.

ADDRESSES: Copies of the Fishery Management Plan (FMP) amendments and 
the Environmental Assessment/Regulatory Impact Review/Final Regulatory 
Flexibility Analysis (EA/RIR/FRFA) for the moratorium may be obtained 
from the North Pacific Fishery Management Council, P.O. Box 103136, 
Anchorage, AK 99510. Send comments regarding the paperwork burden or 
any other aspect of the collection-of-information requirements 
contained in this rule, including suggestions for reducing the burden, 
to Ronald Berg, Chief, Fisheries Management Division, Alaska Region, 
NMFS, 709 West 9th Street, Juneau, AK 99801, or P.O. Box 21668, Juneau, 
AK 99802, Attention: Lori J. Gravel, and to the Office of Management 
and Budget (OMB), Paperwork Reduction Project (0648-0206), Washington, 
D.C. 20503 (ATTN: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Jay Ginter, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    Domestic groundfish fisheries in the exclusive economic zone (EEZ) 
of the BSAI and the GOA are managed by NMFS under the Fishery 
Management Plan for the Groundfish Fishery of the Bering Sea and 
Aleutian Islands Area, and the Fishery Management Plan for Groundfish 
of the Gulf of Alaska, respectively. The commercial harvest of king and 
Tanner crabs is managed under the Fishery Management Plan for the 
Commercial King and Tanner Crab Fisheries in the Bering Sea and 
Aleutian Islands Area. These FMPs were prepared by the Council under 
the Magnuson Act. The FMP for the GOA groundfish fisheries is 
implemented primarily by regulations at 50 CFR part 672. The FMP for 
the BSAI groundfish fisheries is implemented primarily by regulations 
at 50 CFR part 675. The FMP for the king and Tanner crab fisheries in 
the BSAI is implemented by regulations at 50 CFR part 671 and by Alaska 
Administrative Code regulations at title 5, chapters 34 and 35. Other 
Federal regulations that also affect the 

[[Page 40764]]
groundfish and crab fisheries are set out at 50 CFR parts 620, 676, and 
677.
    This action implements revisions of Amendment 23 to the BSAI 
groundfish FMP, Amendment 28 to the GOA groundfish FMP, and Amendment 4 
to the BSAI crab FMP, which were approved by NMFS on June 29, 1995, 
under section 304(b)(3) of the Magnuson Act. These revised amendments 
address fishery management problems caused by excess harvesting 
capacity or overcapitalization by establishing temporary entry controls 
until more permanent controls on harvesting capacity can be 
implemented. The problems and issues these amendments address are 
discussed in the EA/RIR/FRFA and the notice of proposed rulemaking (60 
FR 25677, May 12, 1995). A general description of the moratorium and 
these implementing regulations follows.

Vessel Moratorium

    The moratorium limits access to the groundfish and BSAI Area crab 
resources off Alaska to vessels whose owners have been issued a 
moratorium permit for the vessel by NMFS or that are within a vessel 
category specified as exempt from the moratorium permit requirements in 
Sec. 676.3(b). A moratorium permit is required in addition to any other 
permits required by Federal or State regulations. NMFS has revised its 
permit application and issuance process so that an integrated 
application may be used to apply for annual Federal groundfish permits 
and the Federal moratorium permit for groundfish and crab vessels. Part 
677 is amended to remove and reserve Figure 1--the Fisheries Permit 
Application and Fisheries Processor Permit Application (Form FPP-1). 
That form will be revised for use as an integrated permit application.

1. Vessels Affected by the Moratorium

    Any vessel that is not exempt and that catches and retains any 
species of king and Tanner crabs in a commercial fishery governed by 
the Fishery Management Plan for the Commercial King and Tanner Crab 
Fisheries in the Bering Sea and Aleutian Islands Area and its 
implementing regulations at 50 CFR part 671 (``moratorium crab 
species'') is required to have on board a moratorium permit issued for 
that vessel. Any vessel that is not exempt and that conducts directed 
fishing for any groundfish species in a commercial fishery governed by 
the Fishery Management Plan for the Groundfish Fishery of the Bering 
Sea and Aleutian Islands Area, and the Fishery Management Plan for 
Groundfish of the Gulf of Alaska and their respective implementing 
regulations at 50 CFR parts 672 and 675, except for sablefish caught 
with fixed gear (``moratorium groundfish species''), also is required 
to have on board a moratorium permit issued for that vessel.
    Moratorium crab species and moratorium groundfish species are 
referred to collectively as ``moratorium species.'' The term ``directed 
fishing'' is defined in the groundfish FMPs' implementing regulations 
at 50 CFR parts 672 and 675. Basically, this term refers to the 
criteria by which NMFS determines which species of groundfish a vessel 
has been targeting when any fish are on board the vessel. A vessel that 
retains only incidental catches of moratorium groundfish species in the 
EEZ is not required to have a moratorium permit; however, it is 
required to have a Federal fisheries permit. A vessel without a 
moratorium permit in the EEZ is required to discard any catch of a 
moratorium groundfish species that exceeds the maximum retainable 
bycatch amount specified in parts 672 and 675. Crab species are 
prohibited species in the groundfish fishery, which means that any 
bycatch of crab must be immediately returned to the sea.
    The Council specifically exempted certain categories of vessels 
from the moratorium permit requirement. The rationale for the 
exemptions was provided in the notice of proposed rulemaking for the 
initially proposed moratorium (59 FR 28827, June 3, 1994). Vessels 
within the following categories are not required to have moratorium 
permits, however, other Federal and State of Alaska permit requirements 
continue to apply:
     Vessels that are not used to catch fish (e.g., processor 
vessels, tenders, or support vessels);
     Vessels that do not catch and retain moratorium crab 
species or that do not conduct directed fishing for moratorium 
groundfish species;
     Vessels that catch and retain moratorium crab species or 
that conduct directed fishing for moratorium groundfish species only 
within State of Alaska waters;
     Vessels that conduct directed fishing for moratorium 
groundfish species in the GOA and that are no greater than 26 ft (7.9 
m) in length overall (LOA);
     Vessels that catch and retain moratorium crab species in 
the BSAI Area or that conduct directed fishing for moratorium 
groundfish species in the BSAI management area and that are no greater 
than 32 ft (9.8 m) LOA;
     Vessels that are fishing for IFQ halibut, IFQ sablefish, 
or halibut or sablefish under the Western Alaska Community Development 
Quota (CDQ) program; or
     Vessels that, after the implementation of the CDQ program 
for pollock on November 18, 1992 (57 FR 54937, November 23, 1992), are 
specifically constructed and used in accordance with a Community 
Development Plan (CDP), are specially designed and equipped to meet 
specific needs that are described in the CDP, and are no greater than 
125 ft (38.1 m) LOA. A vessel operating under the CDQ exemption also 
may be used to harvest non-CDQ species, but the exemption does not 
apply to a vessel if the vessel is transferred to an entity that does 
not have a CDP.

2. Moratorium Qualification

    Generally, a vessel is qualified for a moratorium permit if it made 
a legal landing of any moratorium species during the qualifying period 
of January 1, 1988, through February 9, 1992. Exceptions to this 
general rule are described below.
    A ``legal landing'' is defined as any amount of a moratorium 
species that was landed in compliance with Federal and state commercial 
fishing regulations in effect at the time of the landing. This 
definition is intended to limit landing claims to those that can be 
verified through required Federal and state catch or landing reports. A 
vessel owner who alleges that government records are in error must 
produce a copy of a valid state fish ticket or other report required at 
the time of landing as evidence that the vessel made a legal landing of 
a moratorium species from January 1, 1988, through February 9, 1992.
    If the owner presents acceptable evidence of a legal landing of a 
moratorium species that the vessel made from January 1, 1988, through 
February 9, 1992, the vessel is qualified for a moratorium permit, 
unless that vessel is exempt from the moratorium permit requirements as 
described above. For example, a vessel that is less than or equal to 26 
ft (7.9 m) LOA and that conducts directed fishing for groundfish in the 
GOA is exempt from the moratorium permit requirements. It is not 
qualified for a moratorium permit even if it made a legal landing of 
moratorium species from January 1, 1988, through February 9, 1992. 
Likewise, a vessel that made legal landings only of halibut and/or 
sablefish caught with fixed gear from January 1, 1988, through February 
9, 1992, is not qualified for a moratorium permit since halibut is not 
a groundfish species and sablefish caught with fixed gear is not a 
moratorium groundfish species. 

[[Page 40765]]

    A moratorium permit will be issued to the owner of a qualified 
vessel after submission and approval of a completed application for a 
moratorium permit for that vessel. Moratorium qualification is a 
prerequisite for issuance of a moratorium permit. Moratorium 
qualification stays with the vessel, unless it is transferred by the 
vessel's owner (see transferability discussion below). NMFS will 
maintain a database of vessels that have moratorium qualification 
according to Federal or state catch or landings reports. Generally, a 
moratorium permit will be valid through December 31, 1998, unless the 
moratorium qualification on which it is based is transferred, or until 
the permit is revoked or suspended under 15 CFR part 904 (Civil 
Procedures). A moratorium permit based on the moratorium qualification 
of a vessel that was lost or destroyed before January 1, 1996, will be 
valid only through December 31, 1997, but may be renewed if the vessel 
makes a legal landing of a moratorium species in 1996 or 1997 (see 
transferability discussion below).
    If a vessel has moratorium qualification, a moratorium permit will 
be issued for it provided it is not an exempt vessel, and provided the 
vessel's LOA does not exceed its ``maximum LOA.'' A vessel's maximum 
LOA is the greatest LOA that the vessel, or its replacement, may have 
and remain qualified for a moratorium permit. A vessel's maximum LOA is 
based on the LOA of the original qualifying vessel on June 24, 1992. If 
the original qualifying LOA of a vessel is equal to or greater than 125 
ft (38.1 m), the maximum LOA is the original qualifying LOA. If the 
original qualifying LOA of a vessel is less than 125 ft (38.1 m) LOA, 
the maximum LOA is 1.2 times the original qualifying LOA or 125 ft 
(38.1 m), whichever is less. This limited length increase allowance, 
known as the ``20 percent rule,'' is intended to allow an owner of a 
small vessel to improve the vessel's stability by widening and 
lengthening its hull. Although increasing a small vessel's length under 
the 20 percent rule could improve the vessel's safety, it also could 
increase the vessel's fishing capacity. The Council recognized this 
possibility and allowed vessel length increases only for vessels less 
than 125 ft (38.1 m) LOA. The Council made this decision on June 24, 
1992, to discourage owners of large vessels from increasing their 
vessels' length substantially between that date and the implementation 
date of the moratorium.
    Vessels under reconstruction on June 24, 1992, are a special case, 
and the maximum LOA of such vessel is the vessel's LOA on the date 
reconstruction is completed. This special case is discussed in more 
detail below. Any vessel that exceeds its maximum LOA is not eligible 
for a moratorium permit and any moratorium permit already issued will 
be invalidated.
    NMFS will use the existing definition of LOA in 50 CFR parts 672 
and 675 for purposes of implementing the maximum LOA limitation. This 
definition refers to the length of a vessel ``rounded to the nearest 
foot.'' NMFS will use standard arithmetic rounding in determining the 
LOA of a vessel for purposes of the moratorium. For example, a vessel 
that is 124 feet 7 inches in length would have an LOA of 125 feet (38.1 
m), a vessel that is 125 feet 5 inches in length would have an LOA of 
125 feet (38.1 m), and a vessel that is 125 feet 6 inches in length 
would have an LOA of 126 feet (38.4 m).

3. Crossovers

    The Council's original moratorium proposal (59 FR 28827, June 3, 
1994) would have allowed a vessel that qualified for a moratorium 
permit because of a legal landing, for example, of a moratorium crab 
species during the qualifying period, to cross over to moratorium 
groundfish species fisheries even if it had no previous landing history 
in a groundfish fishery. However, the Council decided at its meeting in 
December 1994 to propose limiting crossovers. Under the revised 
proposal, which this final rule adopts, a vessel that made a legal 
landing from January 1, 1988, through February 9, 1992, in either a 
groundfish or crab fishery, but not both, can cross over as a new 
vessel in the fishery in which it did not make a legal landing in the 
qualifying period provided:
    1. It uses in the new fishery only the same fishing gear type that 
it used to qualify for the moratorium in the other fishery; or
    2. It made a legal landing in the crossover fishery during the 
period February 10, 1992, through December 11, 1994, and it uses only 
the same fishing gear type that it used during that period.
    Example 1. A vessel that made a legal landing in the BSAI Area crab 
fisheries from January 1, 1988, through February 9, 1992, would be 
eligible for a moratorium permit to operate in that fishery and in the 
BSAI management area or GOA groundfish fisheries using pot gear where 
that gear is authorized. The only legal fishing gear in the BSAI Area 
crab fisheries is pot gear. Therefore, if the vessel crosses over into 
the groundfish fisheries it is limited to using pot gear.
    Example 2. A vessel that made a legal landing in the BSAI 
management area or GOA groundfish fisheries from January 1, 1988, 
through February 9, 1992, is eligible for a moratorium permit to 
operate in that fishery using any authorized fishing gear for 
groundfish. The same vessel also made a legal landing in the BSAI Area 
crab fishery from February 10, 1992, through December 11, 1994. 
Therefore, this vessel also is eligible for a moratorium permit to 
operate in the BSAI Area crab fishery, and it may move between 
fisheries using any authorized gear.
    Example 3. A vessel that made a legal landing in the BSAI Area crab 
fisheries from January 1, 1988, through February 9, 1992, is eligible 
for a moratorium permit to operate in that fishery and in the BSAI 
management area or GOA groundfish fisheries using pot gear where that 
gear is authorized. The same vessel also made a legal landing in the 
groundfish fisheries using hook-and-line gear from February 10, 1992, 
through December 11, 1994. Therefore, this vessel is eligible for a 
moratorium permit to operate in the groundfish fisheries using pot gear 
and hook-and-line gear. However, unless the vessel made a legal landing 
in the groundfish fisheries using trawl gear during the period February 
10, 1992, through December 11, 1994, it is not eligible to cross over 
into the groundfish fishery using trawl gear.
    This crossover gear restriction recognizes the similarity of 
fishing gear used in the BSAI Area crab fisheries and some groundfish 
fisheries. It also recognizes that some vessels qualified in one 
moratorium fishery and crossed over to a new moratorium fishery after 
the cutoff date of February 9, 1992, based on the Council's original 
moratorium proposal. These vessels are allowed to continue to operate 
in the crossover fisheries under the moratorium, but are restricted to 
using the fishing gear they used in the crossover fisheries from 
February 10, 1992, through December 11, 1994, the date of the Council's 
decision to revise its original moratorium proposal.
    This revision to the original proposed moratorium requires the 
issuance of moratorium permits with fishery-specific fishing gear type 
endorsements. Four fishery-specific/gear type endorsements are set 
forth in Sec. 676.3(d) to cover the categories of fishing gear 
authorized in the Federal regulations (with respect to groundfish) and 
in the State of Alaska regulations (with respect to crab). These are:

[[Page 40766]]

    1. Groundfish fisheries/trawl gear, which includes groundfish 
pelagic and nonpelagic trawl gears as defined at 50 CFR part 672;
    2. Crab fisheries/pot gear, which includes crab pot gear as defined 
in the Alaska Administrative Code at title 5, chapters 34 and 35;
    3. Groundfish fisheries/pot gear, which includes groundfish 
longline pot and pot-and-line gears as defined at 50 CFR part 672; and
    4. Groundfish fisheries/hook gear, which includes groundfish hook-
and-line and jig gears as defined at 50 CFR part 672.
    The Director, Alaska Region, NMFS (Regional Director), will 
determine the appropriate fishery-specific/gear type endorsement(s) for 
a moratorium permit based on the permit application received, existing 
landings records, and the vessel's LOA. The moratorium permit will be 
endorsed with one or more of the fishery-specific/gear type 
endorsements listed above. For example, the owner of a vessel that made 
a legal landing of BSAI Area crabs during January 1, 1988, through 
February 9, 1992, will be issued a moratorium permit for the vessel 
endorsed to fish for groundfish and BSAI Area crab with pot gear. The 
owner of a vessel that made a legal landing from January 1, 1988, 
through February 9, 1992, of groundfish using trawl and/or hook gear 
but not pot gear during the qualifying period will be issued a 
moratorium permit for the vessel endorsed to fish for groundfish with 
pot, hook, and trawl gear, but the permit will not be endorsed to allow 
the vessel to fish for BSAI Area crabs unless it also had made a legal 
landing in the BSAI Area crab fishery during the period February 10, 
1992, through December 11, 1994.

4. Transferability

    A moratorium qualification is transferable under certain 
conditions. A moratorium qualification transfer must be approved by the 
Regional Director before a moratorium permit may be issued based on 
that qualification. If a vessel owner transfers the moratorium 
qualification of his vessel, then that vessel is no longer qualified 
for a moratorium permit to participate in any moratorium fishery after 
the effective date of the transfer. If the vessel had been issued a 
moratorium permit, then that permit will become invalid on the 
effective date of the transfer. A new moratorium permit will be issued 
for the vessel that the moratorium qualification was transferred to, 
once the transfer is approved and a permit application is submitted.
    The purpose of providing for transfers of moratorium qualification 
is to allow a vessel owner to make limited improvements to or replace 
an existing vessel in the moratorium fisheries. Restrictions on 
transfers are necessary to limit the potential fishing capacity 
resulting from vessel improvements or replacements. The Regional 
Director will not approve a transfer of moratorium qualification to a 
vessel with an LOA exceeding the maximum LOA of the originally 
qualified vessel, and a moratorium permit will not be issued for the 
vessel. A moratorium permit becomes invalid if the LOA of the vessel 
for which it has been issued is increased to exceed the maximum LOA 
associated with the moratorium qualification.
    Moratorium qualification is presumed to belong to the current owner 
of the vessel that made a legal landing of moratorium species from 
January 1, 1988, through February 9, 1992, unless otherwise specified 
in a purchase agreement or contract. The moratorium qualification of a 
vessel may be transferred from the owner of the vessel to another 
person by mutual agreement. For example, the moratorium qualification 
of a vessel may be retained by the vessel's owner for liquidation 
independently of the vessel. A vessel owner also may choose to retain 
the moratorium qualification of the vessel when it is sold, lost, or 
destroyed, so that he/she can obtain a moratorium permit for a 
replacement vessel. Regardless of the reason for transferring a 
moratorium qualification, valid documentation of the transfer is 
required before the transfer will be approved and a moratorium permit 
issued based on that moratorium qualification.
    Fishery-specific/gear type endorsements cannot be separated and 
transferred independently of the endorsed permit. For example, a 
moratorium permit that authorizes a vessel to harvest moratorium 
species of groundfish and crab with pot gear could not be separated 
into a groundfish/pot permit and a crab/pot permit. Likewise, gear 
endorsements cannot be transferred separately from the permit. For 
another example, the hook endorsement on a groundfish/trawl, pot, and 
hook permit would not be transferrable.
    A cutoff date of January 1, 1989, determines whether a qualified 
vessel that was lost or destroyed can transfer its moratorium 
qualification to a replacement vessel. The Council reasoned that a 
vessel owner who lost a vessel before January 1, 1989, would have 
replaced or salvaged the vessel before the end of the qualifying period 
if the owner intended to continue participation in the moratorium 
fisheries.
    Salvage of lost or destroyed vessels: The moratorium qualification 
of a vessel that was lost or destroyed before January 1, 1989, is not 
valid for purposes of issuing a moratorium permit for that vessel 
unless salvage of that vessel started before June 24, 1992, and the 
salvaged vessel's LOA does not exceed its maximum LOA. The salvaged 
vessel must make a legal landing of a moratorium species within the 
period January 1, 1996-December 31, 1997, to maintain its qualification 
for a moratorium permit in 1998.
    The moratorium qualification of a vessel lost or destroyed on or 
after January 1, 1989 is valid for purposes of issuing a moratorium 
permit for that vessel regardless of when salvage began provided that 
the vessel has not already been replaced and the LOA of the salvaged 
vessel does not exceed its maximum LOA.
    Replacement of lost or destroyed vessels: The moratorium 
qualification of a vessel that was lost or destroyed before January 1, 
1989, cannot be transferred to another vessel. The moratorium 
qualification of a vessel that was lost or destroyed on or after 
January 1, 1989, but before January 1, 1996, can be transferred to a 
replacement vessel provided the LOA of the replacement vessel does not 
exceed the maximum LOA of the vessel that was lost or destroyed. The 
vessel that was lost or destroyed will no longer be a moratorium 
qualified vessel. The moratorium permit of the replacement vessel will 
expire on December 31, 1997, unless the vessel makes a legal landing of 
a moratorium species on or before that date.
    The moratorium qualification of a vessel that is lost or destroyed 
on or after January 1, 1996, may be transferred to a replacement vessel 
provided the LOA of the replacement vessel does not exceed the maximum 
LOA of the vessel that was lost or destroyed. The vessel that was lost 
or destroyed would no longer be a moratorium qualified vessel. In the 
case of multiple or sequential replacements or reconstructions of a 
moratorium qualified vessel, the LOA may not be increased beyond the 
maximum LOA of the original qualifying vessel.
     Reconstruction: Vessel reconstruction is defined as a change in 
the LOA of the vessel from its original qualifying LOA. The moratorium 
qualification of a vessel is not valid for purposes of issuing a permit 
for that vessel if at any time on or after June 24, 1992, the LOA of 
the vessel is increased to exceed its 

[[Page 40767]]
maximum LOA. If reconstruction was completed prior to June 24, 1992, 
and the reconstructed vessel is less than 125 feet (38.1) LOA, further 
increases in LOA are allowed between June 24, 1992, and the end of the 
moratorium subject to the 20 percent rule discussed above under 
``Moratorium Qualification.'' If reconstruction was completed prior to 
June 24, 1992, and the reconstructed vessel is equal to or greater than 
125 feet (38.1 m) LOA, the LOA of the reconstructed vessel is the 
maximum LOA. If reconstruction of a vessel began before June 24, 1992, 
and was completed after that date, the maximum LOA is the LOA of the 
reconstructed vessel on the date reconstruction was completed. This is 
the maximum LOA even if the LOA of the reconstructed vessel is less 
than 125 ft (38.1 m). The purpose of this exception to the 20 percent 
rule for vessels less than 125 ft (38.1 m) LOA is to prevent the 
disqualification of a vessel that was undergoing reconstruction on the 
date that the Council initially recommended its original moratorium 
proposal. The Council decided that such a vessel should be allowed to 
participate in the moratorium fisheries, but that it should not be 
allowed any additional length increases under the 20 percent rule.
    Vessel reconstruction begins and ends with the start and completion 
of the physical modification of the vessel. For a vessel undergoing 
reconstruction on June 24, 1992, any increase in the LOA of the vessel 
resulting from that reconstruction must be documented. Acceptable 
documentation of the beginning and ending dates of reconstruction is 
limited to a notarized affidavit signed by the vessel owner and the 
owner/manager of the shipyard that specifies the beginning and ending 
dates of the reconstruction. If acceptable, the Regional Director will 
certify the new LOA as the maximum LOA for that vessel.

5. Administration

    The final rule implements the moratorium by limiting the issuance 
of moratorium permits to moratorium-qualified vessels or their 
replacements. The Restricted Access Management Division, Alaska Region, 
NMFS, will administer the moratorium by maintaining a database of 
moratorium qualifications, receiving and reviewing permit and transfer 
applications, making initial determinations of eligibility, and issuing 
moratorium permits. This Division also will issue or renew a Federal 
fisheries permit to or for each vessel qualified for a moratorium 
permit and to each vessel for which a moratorium permit is not required 
but that otherwise would participate in the groundfish fisheries in the 
EEZ (i.e., a moratorium-exempt vessel such as a processor, support 
vessel, and a small vessel).
    Most moratorium permits will be valid until the moratorium expires 
on December 31, 1998. For some salvaged vessels and some vessels that 
replace qualified vessels that are lost or destroyed, however, 
moratorium permits will expire after the first 2 years of the 
moratorium (i.e., on January 1, 1998). However, those moratorium 
permits can be renewed if the vessel makes a legal landing of a 
moratorium species in 1996 or 1997. The multi-year duration of a 
moratorium permit differs from that of a Federal fisheries permit, 
which is valid only for the year in which it is issued.
    An application for a moratorium permit may be submitted at any 
time. Application forms for Federal Fisheries Permits, Federal 
Processor Permits, and Vessel Moratorium Permits will be integrated 
into a single application form. Submission of only one completed form 
is required for application for all three types of permits. A 
moratorium permit application for a vessel will be approved if the 
vessel's owner has a moratorium qualification and the vessel's LOA is 
less than or equal to the maximum LOA. If a moratorium permit is 
requested for a vessel that is not in the NMFS moratorium qualification 
database, then the applicant will be requested to provide evidence of 
the vessel's qualification either by demonstrating a legal landing of a 
moratorium species from January 1, 1998, through February 9, 1992, or a 
transfer of moratorium qualification. As stated above, moratorium 
qualification is presumed to remain with the current owner of a vessel 
that made a legal landing of any moratorium species from January 1, 
1988, through February 9, 1992. Otherwise, a valid contract or 
agreement to transfer a vessel's moratorium qualification or retain it 
when the vessel is transferred is required to demonstrate ownership of 
the moratorium qualification. Determination of a vessel's maximum LOA 
is based on Federal or state permits or registration documents that 
demonstrate the original qualifying LOA of the vessel. If these 
documents are not available, NMFS may request the vessel owner to 
produce a marine survey, builder's plans, or other third-party 
documentation of the vessel's LOA on June 24, 1992.
    An application for approval of transfer of moratorium qualification 
may be submitted at any time. Approval of a transfer requires the 
submission of a transfer agreement signed by the original owner(s) and 
receiver(s) of the moratorium qualification, and the submission of 
proof that the vessel to which the moratorium qualification would be 
applied for purposes of qualifying for a moratorium permit is less than 
or equal to the maximum LOA of the original qualifying vessel.
    An initial administrative determination to deny the issuance of a 
moratorium permit will be explained in writing to the permit applicant, 
and the denial may be appealed following the procedures set forth at 50 
CFR 676.25. A written appeal must be submitted to the Alaska Region, 
NMFS, within 60 days after the date that the determination was made. An 
initial administrative determination to deny an application for a 
permit will include a letter of authorization to the applicant 
authorizing the affected vessel to operate as if the application were 
approved pending appeal. The temporary authority granted by the letter 
of authorization will expire on the effective date of the final agency 
action on the appeal. The final agency action on the appeal, for 
purposes of judicial review, occurs at the end of the 60-day appeal 
period if no appeal were filed, or 30 days after the appellate 
officer's decision is issued, except as provided at 50 CFR 676.25. No 
appeal is provided for a denial of approval of a transfer of moratorium 
qualification. The maximum LOA restrictions would be too easily 
circumvented and the purpose of the moratorium undermined if appeals of 
denials of approvals of transfer were allowed. An administrative 
determination to deny approval of a transfer of a moratorium 
qualification and the issuance of a permit based on that moratorium 
qualification will be the final agency action for purposes of judicial 
review.

Changes From the Proposed Rule

    The vessel moratorium implemented by this rule is described in the 
notice of proposed rulemaking published on May 12, 1995. The principal 
parts of the vessel moratorium remain as discussed in that notice. NMFS 
made changes regarding applications for fisheries permits and the 
duration of moratorium permits. NMFS also made editorial and formatting 
changes for clarity.
    1. An application for a Federal Fisheries Permit must be submitted 
annually. This application provides NMFS with specific information 
regarding the vessel, fisheries, vessel operations, and owner. This 
information is necessary to maintain accurate and up-to-date records of 
the currently active vessels in the groundfish fisheries 

[[Page 40768]]
and is necessary for management of the fishery. One application form is 
used to apply for both the Federal Fisheries Permit and the Federal 
Moratorium Permit and only one form needs to be submitted to apply for 
both in 1996.
    2. Moratorium permits were proposed to be valid only for the 
calendar year for which they were issued, which would have required an 
annual renewal to confirm the validity of the vessel's qualification. 
Under the final rule, a moratorium permit, once issued, will remain 
valid for most vessels through December 31, 1998 (for some vessels 
through December 31, 1997, with renewal allowed for 1998 if the vessel 
makes a legal landing of a moratorium species in 1996 or 1997), or 
until the moratorium qualification on which the permit is based is 
transferred. The owners of most vessels with a moratorium permit are 
not required to provide information regarding moratorium qualification 
again during the temporary moratorium period.
    Response to Comments
    Twelve letters of comment were received on the proposed rule before 
the end of the comment period. The following paragraphs summarize and 
respond to those comments.
    Comment 1: The proposed cutoff date for determining the replacement 
of a moratorium-qualified vessel that was lost or destroyed should be 
concurrent with the beginning of the qualifying period. As proposed, 
the qualifying period begins January 1, 1988, but a qualified vessel 
lost before January 1, 1989, loses its moratorium qualification and a 
transfer of it would not be possible. The proposed date of January 1, 
1989, appears arbitrary and capricious because it is inconsistent with 
the qualifying period dates. If the date of January 1, 1989, is adopted 
for determining the replacement of lost or destroyed vessels, then an 
exception should be made in cases where the purchase of the fishing 
rights of a sunken vessel were made before the Council took its action 
to establish that date.
    Response: The cutoff date of January 1, 1989, for replacing or 
salvaging a lost or destroyed vessel has a rational basis and is not 
arbitrary and capricious. In recommending this date, the Council 
reasoned that the owner of a vessel lost or destroyed before 1989 
likely would have received insurance claims and replaced the vessel or 
begun salvage operations within the remaining qualifying period. If 
this had not happened, then the vessel owner probably did not intend to 
continue participation in the moratorium fisheries as a vessel owner. 
This measure provides a means of reducing the size of the qualifying 
fleet by excluding lost or destroyed vessels that were not replaced or 
salvaged within a reasonable period of time before the end of the 
qualifying period on February 9, 1992. The Council recommended this 
date in its initial moratorium proposal (June 3, 1994, 59 FR 28827) in 
which the qualifying period was January 1, 1980, through February 9, 
1992. The Council's revised amendment proposal changed the qualifying 
period to January 1, 1988, through February 9, 1992. Although the 
beginning of the revised qualifying period and the vessel replacement 
cutoff date are only 1 year apart, the rationale for the cutoff date 
remains appropriate and reasonable. The purchase of moratorium 
qualification before the Council acted in June 1992, to propose a 
moratorium was highly speculative. No one knew at that time what the 
conditions and criteria for qualification would be or whether NMFS 
would approve the moratorium proposal. Limiting speculative investment 
in fishing capacity is an objective of the moratorium. An exception to 
the vessel replacement cutoff date would reward such speculation.
    Comment 2: Any sunken vessel that has not been replaced within 3 to 
4 years of its sinking should be disqualified from transferring its 
moratorium qualification. Further, any vessel owner who constructs a 
new vessel after having one sink should have the new vessel counted as 
the replacement vessel to prevent him from qualifying the new vessel 
and selling the fishing rights of the sunk vessel separately which 
would bring in two new vessels.
    Response: Limiting the replacement of lost or destroyed vessels 
during the moratorium is reasonable; however, the moratorium is 
scheduled to expire in 3 years. If the Council were to determine that 
the moratorium should be extended, then such a measure could be 
included in a moratorium renewal proposal. The Council used this 
rationale, however, for vessels lost or destroyed during the qualifying 
period. The Council proposed a cutoff date, January 1, 1989, which is 
about 3 years before the end of the qualifying period. A qualified 
vessel lost or destroyed before the cutoff date, but not replaced 
during the qualifying period, would be disqualified from receiving a 
moratorium permit unless salvage operations had started before June 24, 
1992. The moratorium rules provide for replacing vessels lost or 
destroyed on or after January 1, 1989, by transferring moratorium 
qualification from the lost vessel to a replacement vessel. No 
provision is made for replacing a lost or destroyed vessel with two 
vessels.
    Comment 3: There was no definition of ``length overall'' in the 
proposed rule. The rule should clarify how NMFS intends to ascertain a 
vessel's current LOA.
    Response: The proposed rule, at Sec. 676.2, defined LOA as this 
term is defined at Secs. 672.2 and 675.2. NMFS will determine maximum 
LOA by relying on Federal and state fishing permit data currently on 
file that indicate the original qualifying LOA of a vessel on June 24, 
1992. Other documentation of a vessel's LOA may be requested by NMFS, 
especially if the maximum LOA is contested or in transfers of 
moratorium qualification. Such documentation may include a vessel 
survey, builder's plan, state or Federal registration certificate, or 
other reliable and probative documents. Fishing for moratorium species 
with a vessel that has an LOA in excess of the maximum LOA provided by 
the moratorium permit for that vessel is prohibited and would be a 
violation of the permit. Investigation of such activity will be an 
enforcement function.
    Comment 4: If the moratorium qualification of a vessel is purchased 
before the effective date of the moratorium, then getting the signature 
of the original owner of the moratorium qualification on the transfer 
application should be unnecessary providing a copy of the purchase 
contract or bill of sale is attached to the transfer application as 
required.
    Response: The regulations implementing the moratorium qualification 
transfer procedure at Sec. 676.5(c) require, in part, a legible copy of 
a contract or agreement to transfer moratorium qualification signed by 
the affected persons and signatures of the same persons on a transfer 
application form. NMFS agrees that obtaining the signature of a former 
owner of moratorium qualification on a transfer application may be 
difficult if the applicant has lost contact with the former owner. In 
such instances, NMFS may waive the required signature of the former 
owner of the moratorium qualification on the transfer application if 
the signature(s) on the transfer contract or agreement are determined 
by NMFS to demonstrate sufficiently the former owner's intent to 
relinquish his/her interest in the moratorium qualification to the 
transfer applicant. A decision to waive any signature requirement on a 
transfer application will be made on a case-by-case basis. Section 
676.5(c)(8) has been changed to provide for this discretion.

[[Page 40769]]

    Comment 5: The revised qualification period is a marked improvement 
over the originally proposed qualification period because it would 
remove a significant number of vessels from moratorium qualification. 
The proposed moratorium would allow the Council and NMFS to bypass 
consideration of another interim license limitation system and to move 
directly toward an individual transferrable quota program.
    Response: The Council must make the initial determination on the 
preferred limited access policy to follow the moratorium, if any. NMFS 
will review that policy recommendation, when it is submitted, for 
consistency with the Magnuson Act and other applicable laws.
    Comment 6: The crossover provisions are too liberal. Crossover 
privileges would be accorded to three categories of vessels. There is 
no basis for permitting crossovers for the category which consists of 
vessels that qualified in only one fishery during the qualifying period 
and that any time after February 9, 1992, cross over to the other 
fishery using the same type of gear. This crossover provision is 
inconsistent with national standards 1, 4, 5, and 6, section 303(b)(6) 
of the Magnuson Act, and the purposes of the moratorium because it 
would allow hundreds of vessels to enter the groundfish fishery that 
did not operate in that fishery during the qualifying period or the 
recent past. This will contribute to overcapitalization in the 
groundfish fishery.
    Response: The limited crossover provision on the revised moratorium 
proposal is far less liberal than that originally proposed. Although a 
vessel would be allowed to operate in certain crab or groundfish 
fisheries in which it had no prior fishing history, the flexibility 
afforded this vessel to move between fisheries is limited to using the 
same gear type in both fisheries. The number of vessels able to take 
advantage of this provision is not likely to overcapitalize seriously 
either fishery, relative to current capital in each fishery, during the 
effective period of the moratorium. Although this provision may 
advantage one group to the detriment of another, it is consistent with 
the Magnuson Act because it supports the objectives of the moratorium 
and the respective FMPs to allow fishermen flexibility while not 
significantly undermining the intent of the moratorium to control 
temporarily the growth of fishing effort in the affected fisheries.
    Comment 7: The proposed rule does not distinguish between permits 
that would allow the landing of incidental catches of moratorium 
species while directed fishing for a non-moratorium species and permits 
that would allow directed fishing for a moratorium species by exempt 
vessels. Retention of a bycatch amount of a moratorium species while 
directed fishing for a non-moratorium species should be allowed to 
reduce discards of moratorium species.
    Response: A Federal fishing permit currently is required to catch 
and retain any groundfish species and a State of Alaska fishing permit 
is required to catch and retain crab species regardless of whether the 
species was taken incidental to a targeted harvest of species other 
than groundfish or crab. These basic licensing requirements will 
continue under the moratorium. For example, a salmon troller who 
intends to retain his bycatch of a moratorium groundfish such as 
rockfish, would be required to have a Federal fisheries permit. Hence, 
bycatch amounts of a moratorium species will be retainable. The 
proposed rule provided for this by requiring (for groundfish) either a 
Federal fisheries permit or a moratorium permit. As changed in the 
final rule, both permits are required for vessels targeting moratorium 
species, but only the Federal fisheries permit is required of exempt 
vessels. The effect is the same, however.
    Comment 8: The proposed moratorium is necessary as an interim 
measure to limit fishing capacity pending the establishment of an 
individual transferrable quota system that will lead to a much-needed 
reduction in fishing capacity and an end to the dangerous and 
destructive race for fish prevailing in the current open access system.
    Response: Comment noted. At its meeting in June 1995, the Council 
approved license limitation as the recommended limited access system to 
follow the moratorium. NMFS will review that recommendation for 
consistency with the Magnuson Act and other applicable laws, and 
provide opportunity for public comment.
    Comment 9: The proposed moratorium cuts out vessels that have a 
substantial history of participation in the crab fishery while allowing 
entry into that fishery, and the fixed-gear fishery for cod, a large 
number of vessels with no history of participation. The moratorium was 
designed to prevent new entrants, and not cut out past participants, 
while the Council developed a long-range plan. Instead, it has cut out 
vessels that relied on previously published control date notices. The 
revised moratorium ignores the primary concern of NMFS in disapproving 
the original proposal in that the proposed crossover provisions would 
allow a vessel with no prior history in a moratorium fishery to enter 
that fishery based on participation in a different moratorium fishery. 
The crossover provision would incorrectly treat a vessel entering a 
fishery in which it has never operated on par with a vessel resuming 
operations in or re-entering the same fishery. The crossover provision 
would unfairly expand the fishing privileges of one class of vessel 
while restricting opportunity for another. This ignores the ``fair and 
equitable'' requirement of national standard 4. Further, it ignores 
present participation, historical fishing practices, and the economics 
of the fishery in violation of section 303(b)(6) of the Magnuson Act. 
The analysis of the proposed moratorium ignored the fact that vessels 
that pioneered the Bering Sea crab fishery have exited that fishery 
because many crab stocks have been depressed since the 1980's.
    Response: The moratorium was designed to prevent new entrants into 
the affected fisheries, but it also was designed to prevent the re-
entry of historical vessels that had not participated in one of these 
fisheries within a reasonable period of time. The Council and NMFS 
determined that participation during the period January 1, 1988, 
through February 9, 1992, was a reasonable period of time for a vessel 
to qualify given the objective of the moratorium. Providing for 
historical vessels through a qualifying period that begins on January 
1, 1980, as originally proposed, would have defeated the objective of 
the moratorium by qualifying a fleet substantially larger than that 
operating in any one year. This was one reason for NMFS' disapproving 
the original moratorium proposal. As approved, the moratorium 
implementing regulations would allow a vessel that ``pioneered'' the 
BSAI Area crab fishery in the early 1980's to re-enter that fishery if 
the vessel had made a legal landing in any groundfish fishery during 
the qualifying period with pot gear. The vessel also could re-enter the 
BSAI Area crab fishery if it had made a legal landing in any groundfish 
fishery during the qualifying period and also made a legal landing in 
the BSAI Area crab fishery during the period February 10, 1992, through 
December 11, 1994. If this vessel made no legal landings of BSAI Area 
crab during the period January 1, 1988 through December 11, 1994, 
however, then it is arguably no longer dependent on that fishery 
despite its early history. The allowance of certain vessels with no 
history in the 

[[Page 40770]]
BSAI Area crab fishery to enter that fishery for the first time under 
the moratorium provides limited flexibility for vessels to move between 
the groundfish and BSAI Area crab fisheries. This flexibility is 
limited to vessels using the same type of gear in both fisheries (e.g., 
pot gear). This limited crossover provision is fair and equitable. Even 
though it provides advantages to one group to the detriment of another, 
it is justified in terms of the objective of the moratorium and the 
respective FMPs. The analysis of the proposed moratorium includes 
numbers of vessels that would be affected by moratorium alternatives 
with different qualifying periods.
    Comment 10: The Alaska Board of Fisheries adopted its crab pot 
limitation to be consistent with the vessel lengths described in the 
moratorium proposed by the Council. Some vessel owners may increase the 
length of their vessels to carry more pots while maintaining the 
moratorium qualification of their vessels. The moratorium rule should 
address this issue and clearly state that such lengthening would not be 
allowed under the moratorium.
    Response: The moratorium rule relies on the existing LOA definition 
in 50 CFR parts 672 and 675. That definition states that the LOA of a 
vessel means ``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.'' If the LOA of a vessel exceeds its 
maximum LOA, then that vessel would be denied a moratorium permit, or 
if a moratorium permit were issued before the vessel length was 
increased to exceed its maximum LOA, then the permit would be 
invalidated. The moratorium regulations do not prohibit a vessel from 
changing its LOA from its original qualifying LOA, however, a vessel 
must be equal to or less than its maximum LOA to be issued or hold a 
valid moratorium permit.
    Comment 11: There was a lack of public review and timely analysis 
associated with the Council's adoption of the moratorium. The time 
allowed for public comment on the proposed rule was too restrictive and 
unnecessarily abbreviated. Twenty days for public comment on an issue 
as significant to the fishery as is the moratorium is unreasonable, 
especially when the individual listed in the proposed rule notice as 
the contact for further information was absent from his NMFS office for 
all but 3 days of the 20-day public comment period. The convenience of 
the public seems to have been ignored. One letter requested additional 
time in which to comment.
    Response: NMFS determined that a 20-day public comment period on 
the proposed rule was sufficient. The moratorium proposal was a 
revision of a previously published proposal (59 FR 28827, June 3, 1994) 
on which there was a 45-day comment period. Further, the moratorium 
proposal has been an issue of public interest and expression ever since 
the Council took its initial action on it in June 1992. Ample time has 
been provided for public comment on this issue to the Council and to 
NMFS. NMFS temporarily assigned another individual, who also was 
familiar with the moratorium proposed rule, to serve in the absence of 
the individual listed as the contact for further information. Public 
queries about the proposed rule to the contact phone number and address 
during the comment period were addressed.
    Comment 12: Financial arrangements should not be disrupted by 
allowing moratorium qualifications to be transferred without regard to 
the legitimate interests of those who rely on the value of the vessel, 
together with its right to fish, in extending credit to the vessel 
owner. The mandatory requirements for an application for transfer in 
proposed Sec. 676.5(c) should be amended to include consent of 
mortgagees of record. There is precedent in maritime law for requiring 
mortgagee consent before action is taken that could jeopardize the 
mortgagee's interest in a vessel. The addition of such a requirement 
could be easily administered by relying on U.S. Coast Guard records and 
requiring an applicant to provide a Coast Guard certificate of 
ownership and consent of any mortgagees of record with a transfer 
application.
    Response: The mortgagee's interest in a vessel could be protected 
by including, in the mortgage agreement or contract, a requirement that 
the vessel owner secure the approval of the mortgagee before 
transferring ownership of the vessel or its moratorium qualification to 
another person. The regulatory burden of complying with the moratorium 
qualification transfer requirements will be lessened to the extent that 
the mortgagee's interest in the vessel can be protected without 
government intervention through a private agreement.
    Comment 13: The proposed qualifying period neither provides for a 
fair and equitable allocation of fishing privileges, nor reasonably 
considers present participation. The qualifying period is based 
predominantly on economic and social factors that existed before June 
1992 and ignores current economic conditions. Investments and 
participation that occurred in the groundfish and crab fisheries in the 
past 3 years were legal and reasonable, but are ignored by the 
qualifying period. The qualifying period should be modified to allow 
for present participants to be included under the moratorium.
    Response: The Council and NMFS have taken present participation 
into account in establishing the qualifying period. The initially 
proposed qualifying period, January 1, 1980, through February 9, 1992, 
would have allowed an excessive number of vessels to qualify. After 
disapproval of the original moratorium proposal, the Council revised 
the qualifying period to January 1, 1988, through February 9, 1992. 
This change gave more weight to the vessels participating in the latter 
part of the original qualifying period. At its meeting in September 
1994, the Council considered but chose not to extend the qualifying 
period through 1993. The Council made clear that it wanted to maintain 
its cutoff date of February 9, 1992, and did not want to reward persons 
who entered new vessels into the fisheries after that date by including 
them in the qualifying period. The Council and NMFS adequately notified 
the fishing industry that the future fishing privileges of new vessels 
entering the fisheries under Council authority were at risk by control 
date notices published September 5, 1990 (55 FR 36302), and June 21, 
1993 (58 FR 33798), and the moratorium proposed rule published June 3, 
1994 (59 FR 28827). The participation of a qualified vessel in a 
fishery that it did not participate in before February 9, 1992, was 
acknowledged by the Council in its revised moratorium proposal. This 
provision allows, for example, a vessel that qualified by participation 
in the groundfish fishery before February 9, 1992, and between February 
10, 1992, and December 11, 1994, and that crossed over into the BSAI 
Area crab fishery, to continue access to the BSAI Area crab fishery 
during the moratorium. This crossover provision takes into account the 
investment in qualified vessels since February 9, 1992, but does not 
allow for qualification of vessels that began fishing for any 
moratorium species for the first time after that date.
    One letter submitted after the close of the comment period stated 
that the vessel reconstruction provisions and the maximum length 
overall provisions amount to unlawful retroactive rulemaking under a 
recent U.S. Supreme Court decision, Bowen v. 

[[Page 40771]]
Georgetown University Hospital, 488 U.S. 204 (1988). NMFS disagrees. 
The vessel reconstruction and length provisions are not retroactive 
rules and therefore are not governed by Bowen.

Classification

    The Director, Alaska Region, NMFS, has determined that Amendment 23 
to the FMP for the Groundfish Fishery of the Bering Sea and Aleutian 
Islands Area, Amendment 28 to the FMP for Groundfish of the Gulf of 
Alaska, and Amendment 4 to the FMP for Commercial King and Tanner Crab 
Fisheries in the Bering Sea and Aleutian Islands Area are necessary for 
the conservation and management of the BSAI groundfish and crab 
fisheries and the GOA groundfish fisheries and are consistent with the 
national standards, other provisions of the Magnuson Act, and other 
applicable laws.
    The Council prepared a final regulatory flexibility analysis as 
part of the regulatory impact review, which indicates that this rule 
could have a significant economic impact on a substantial number of 
small entities. A summary of this determination is included in the 
proposed rule (60 FR 25677, May 12, 1995). A copy of the EA/RIR/FRFA 
may be obtained (see ADDRESSES).
    This rule involves collection-of-information requirements subject 
to the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) that have been 
approved by the Office of Management and Budget (OMB) (OMB control 
number 0648-0206). This approval expires April 30, 1997. The revised 
moratorium proposal would affect fewer vessels. Therefore, the 
paperwork burden would be somewhat less than originally estimated for 
the original collection-of-information request. The public paperwork 
burden for this collection is estimated to average 3.33 hours per 
response, including the time needed for reviewing instructions, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information that pertains to permit, appeals, and 
transfer applications. Send comments regarding this paperwork burden or 
any other aspect of the data requirements, including suggestions for 
reducing the burden, to NMFS (see ADDRESSES) and to the Office of 
Management and Budget, Paperwork Reduction Project (0648-0206), 
Washington, DC, 20503 (ATTN: NOAA Desk Officer).
    This action has been determined to be not significant for purposes 
of E.O. 12866.

List of Subjects

50 CFR Part 671

    Fisheries, Fishing, Reporting and recordkeeping requirements.

50 CFR Parts 672, 675, and 677

    Fisheries, Reporting and recordkeeping requirements.

50 CFR Part 676

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: July 31, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR parts 671, 672, 
675, 676, and 677 are amended as follows:

PART 671--KING AND TANNER CRAB FISHERIES OF THE BERING SEA AND 
ALEUTIAN ISLANDS

    1. The authority citation for 50 CFR part 671 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. Effective September 11, 1995, Sec. 671.2 is amended by adding 
the definitions for ``King crab'' and ``Tanner crab'', in alphabetical 
order, to read as follows:


Sec. 671.2  Definitions.

* * * * *
    King crab means red king crab, Paralithodes camtschatica; blue king 
crab, P. platypus; or brown (or golden) king crab, Lithodes aequispina; 
scarlet (or deep sea) king crab, L. couesi.
* * * * *
    Tanner crab means Chionoecetes bairdi; snow crab, C. opilio; 
grooved Tanner crab, C. tanneri; triangle Tanner crab, C. angulatus; or 
any hybrid of these Tanner crab species.
    3. Effective September 11, 1995, Sec. 671.3 is added to read as 
follows:


Sec. 671.3  Relation to other laws.

    (a) Foreign fishing. Regulations governing foreign fishing for 
groundfish in the Gulf of Alaska are set forth at Sec. 611.92 of this 
chapter. Regulations governing foreign fishing for groundfish in the 
Bering Sea and Aleutian Islands management area are set forth at 
Sec. 611.93 of this chapter.
    (b) King and Tanner crab. Regulations governing the conservation 
and management of king and Tanner crab also are found in the Alaska 
Administrative Code at title 5, chapters 34, 35, and 39.
    (c) Halibut fishing. Regulations governing the conservation and 
management of Pacific halibut are set forth at part 301 of this title 
and part 676 of this chapter.
    (d) Domestic fishing for groundfish. Regulations governing the 
conservation and management of groundfish in the EEZ of the Gulf of 
Alaska and in the Bering Sea and Aleutian Islands management area are 
set forth at parts 620, 672, 675, and 676 of this chapter.
    (e) Limited access. Regulations governing access to commercial 
fishery resources are set forth at part 676 of this chapter.
    (f) Marine mammals. Regulations governing exemption permits and the 
recordkeeping and reporting of the incidental take of marine mammals 
are set forth at Sec. 216.24 and part 229 of this title.
    (g) Research plan. Regulations governing elements of the North 
Pacific Fisheries Research Plan are set forth at part 677 of this 
chapter.
    4. Effective January 1, 1996, through December 31, 1998, Sec. 671.4 
is revised to read as follows:


Sec. 671.4  Permits.

    (a) All processors of Bering Sea and Aleutian Islands area king and 
Tanner crab must comply with the permit requirements of Sec. 677.4 of 
this chapter.
    (b) In addition to any other permits that may be required by 
Federal or state regulations, a moratorium permit may be required by 
part 676 of this chapter for a vessel of the United States if the 
vessel is used to catch and retain king or Tanner crab in the Bering 
Sea and Aleutian Islands Area.

PART 672--GROUNDFISH OF THE GULF OF ALASKA

    5. The authority citation for 50 CFR part 672 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    6. Effective September 11, 1995, through December 31, 1995, 
Sec. 672.3, paragraph (f) is added to read as follows:


Sec. 672.3  Relation to other laws.

* * * * *
    (f) Crab fishing. Regulations governing the conservation and 
management of king and Tanner crab in the Bering Sea and Aleutian 
Islands Area are set forth at parts 671 and 676 of this chapter, and in 
the Alaska Administrative Code at title 5, chapters 34, 35, and 39.
    7. Effective January 1, 1996, through December 31, 1998, 
Sec. 672.4, paragraphs (a) and (b)(1) introductory text are revised, 
and paragraph (k) is added to read as follows:


Sec. 672.4  Permits.

    (a) General. No vessel of the United States may be used to fish for 


[[Page 40772]]
groundfish in the Gulf of Alaska unless the owner first obtains a 
Federal fisheries permit for the vessel issued under this part. The 
owner of such vessel must renew the Federal fisheries permit annually. 
Federal fisheries permits are issued without charge.
    (b) Application. (1) The vessel permit required under paragraph (a) 
of this section may be obtained or renewed by submitting to the 
Regional Director a written application containing the following 
information:
* * * * *
    (k) Moratorium permit. In addition to the Federal fisheries permit 
required by paragraph (a) of this section and any other permits that 
may be required by Federal or state regulations, a moratorium permit 
may be required by part 676 of this chapter for a vessel of the United 
States if the vessel is used to conduct directed fishing for moratorium 
groundfish species, as defined at Sec. 676.2 of this chapter, in the 
Gulf of Alaska.

PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA

    8. The authority citation for 50 CFR part 675 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    9. Effective September 11, 1995, through December 31, 1995, 
Sec. 675.3, paragraph (f) is added to read as follows:


Sec. 675.3  Relation to other laws.

* * * * *
    (f) Crab fishing. Regulations governing the conservation and 
management of king and Tanner crab in the Bering Sea and Aleutian 
Islands Area are set forth at parts 671 and 676 of this chapter, and in 
the Alaska Administrative Code at title 5, chapters 34, 35, and 39.
    10. Effective January 1, 1996, through December 31, 1998, 
Sec. 675.4, paragraphs (a) and (b)(1) introductory text are revised, 
and paragraph (k) is added to read as follows:


Sec. 675.4  Permits.

    (a) General. No vessel of the United States may be used to fish for 
groundfish in the Bering Sea and Aleutian Islands management area 
unless the owner first obtains a Federal fisheries permit for the 
vessel issued under this part. The owner of such vessel must renew the 
Federal fisheries permit annually. Federal fisheries permits are issued 
without charge.
    (b) Application. (1) The vessel permit required under paragraph (a) 
of this section may be obtained or renewed by submitting to the 
Regional Director a written application containing the following 
information:
* * * * *
    (k) Moratorium permit. In addition to the Federal fisheries permit 
required by paragraph (a) of this section and any other permits that 
may be required by Federal or state regulations, a moratorium permit 
may be required by part 676 of this chapter for a vessel of the United 
States if the vessel is used to conduct directed fishing for moratorium 
groundfish species, as defined at Sec. 676.2 of this chapter, in the 
Bering Sea and Aleutian Islands management area.

PART 676--LIMITED ACCESS MANAGEMENT OF FEDERAL FISHERIES IN AND OFF 
ALASKA

    11. The authority citation for part 676 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq. and 1801 et seq.

    12. Subpart A is amended by adding Secs. 676.1, 676.2 676.5, and 
676.6 effective September 11, 1995, through December 31, 1998 and 
Secs. 676.3 and 676.4 are effective January 1, 1996 through December 
31, 1998, to read as follows:

Subpart A--Moratorium on Entry

Sec.
676.1  Purpose and scope.
676.2  Definitions.
676.3  Moratorium permits.
676.4  Transfer of moratorium qualification; lost or destroyed 
vessels; reconstructed vessels.
676.5  Procedures.
676.6  Prohibitions.
676.7-676.9  [Reserved]

Subpart A--Moratorium on Entry


Sec. 676.1  Purpose and scope.

    The sections of this subpart are effective from September 11, 1995, 
through December 31, 1998, unless otherwise noted. This subpart 
implements a moratorium on the entry of new vessels in the commercial 
fisheries for groundfish in the Gulf of Alaska and Bering Sea and 
Aleutian Islands management area and in the commercial fisheries for 
king and Tanner crabs in the Bering Sea and Aleutian Islands Area.


Sec. 676.2  Definitions.

    In addition to the terms in the Magnuson Act and in parts 620, 671, 
672, and 675 of this chapter, the terms in this subpart have the 
following meanings:
    Bering Sea and Aleutian Islands Area means, with respect to 
moratorium crab species, the area over which the United States 
exercises exclusive fishery management authority as defined at part 671 
of this chapter.
    Bering Sea and Aleutian Islands management area means, with respect 
to moratorium groundfish species, the area over which the United States 
exercises exclusive fishery management authority as defined at part 675 
of this chapter.
    Catcher/processor vessel means a vessel that can be used as a 
catcher vessel and that can process or prepare fish to render it 
suitable for human consumption, industrial use, or long-term storage, 
including, but not limited to, cooking, canning, smoking, salting, 
drying, freezing, and rendering into meal or oil, but not including 
heading and gutting unless additional preparation is done.
    Catcher vessel means, with respect to moratorium groundfish 
species, a catcher vessel as defined at parts 672 and 675 of this 
chapter, or, with respect to moratorium crab species, a vessel that is 
used to catch, take, or harvest moratorium crab species that are 
retained on board as fresh fish product at any time.
    Directed fishing means, with respect to moratorium groundfish 
species, directed fishing as defined at parts 672 and 675 of this 
chapter, or, with respect to moratorium crab species, the catching and 
retaining of any moratorium crab species.
    Gulf of Alaska means, with respect to moratorium groundfish 
species, the area over which the United States exercises exclusive 
fishery management authority as defined at part 672 of this chapter.
    Legal landing means any amount of a moratorium species that was or 
is landed in compliance with Federal and state commercial fishing 
regulations in effect at the time of the landing.
    LOA means length overall as defined at parts 672 and 675 of this 
chapter.
    Lost or destroyed vessel means a vessel that has sunk at sea or has 
been destroyed by fire or other accident and has been reported to the 
U.S. Coast Guard on U.S. Coast Guard Form 2692, Report of Marine 
Casualty.
    Maximum LOA with respect to a vessel's eligibility for a moratorium 
permit means:
    (1) Except for a vessel under reconstruction on June 24, 1992, if 
the original qualifying LOA is less than 125 ft (38.1 m) LOA, 1.2 times 
the original qualifying LOA or 125 ft (38.1 m), whichever is less;
    (2) Except for a vessel under reconstruction on June 24, 1992, if 
the original qualifying LOA is equal to or greater than 125 ft (38.1 
m), the original qualifying LOA; and

[[Page 40773]]

    (3) For an original qualifying vessel under reconstruction on June 
24, 1992, the LOA on the date reconstruction was completed, provided 
that maximum LOA is certified under Sec. 676.4(e).
    Moratorium crab species means species of king or Tanner crabs 
harvested in the Bering Sea and Aleutian Islands Area, the commercial 
fishing for which is governed by part 671 of this chapter.
    Moratorium groundfish species means species of groundfish, except 
sablefish caught with fixed gear as defined at Sec. 676.11, harvested 
in the Gulf of Alaska or harvested in the Bering Sea and Aleutian 
Islands management area, the commercial fishing for which is governed 
by parts 672 and 675 of this chapter, respectively.
    Moratorium qualification means a transferable prerequisite for a 
moratorium permit.
    Moratorium species means any moratorium crab species or moratorium 
groundfish species.
    Original qualifying LOA means the LOA of the original qualifying 
vessel on June 24, 1992.
    Original qualifying vessel means a vessel that made a legal landing 
during the qualifying period.
    Person means any individual who is a citizen of the United States 
or any United States corporation, partnership, association, or other 
entity (or its successor in interest), whether or not organized or 
existing under the laws of any state.
    Qualifying period means from January 1, 1988, through February 9, 
1992.
    Reconstruction means a change in the LOA of the vessel from its 
original qualifying LOA.
    Regional Director means the Director, Alaska Region, NMFS, or an 
individual to whom the Regional Director has delegated authority.


Sec. 676.3  Moratorium permits.

    This section is effective from January 1, 1996, through December 
31, 1998.
    (a) General requirement. Except as provided under paragraph (b) of 
this section, any vessel used to catch and retain any moratorium crab 
species or to conduct directed fishing for any moratorium groundfish 
species must have a valid moratorium permit issued for that vessel 
under this part on board the vessel at all times it is engaged in 
fishing activities. The term of the moratorium permit is for the 
duration of the moratorium unless otherwise specified.
    (1) A moratorium permit issued under this part is valid only if:
    (i) The vessel's LOA does not exceed its maximum LOA;
    (ii) The vessel's moratorium qualification has not been 
transferred;
    (iii) The permit has not been revoked or suspended under 15 CFR 
part 904 (Civil Procedures);
    (iv) The permit is endorsed for all gear types on board the vessel; 
and
    (v) The permit's term covers the fishing year in which the vessel 
is fishing.
    (2) A moratorium permit must be presented for inspection upon the 
request of any authorized officer.
    (b) Moratorium exempt vessels. A moratorium exempt vessel is not 
subject to the moratorium permit requirement of paragraph (a) of this 
section and is not eligible for a moratorium permit. A moratorium 
exempt vessel may catch and retain moratorium species provided it 
complies with the permit requirements of the State of Alaska with 
respect to moratorium crab species, Federal permit requirements at 
parts 672 and 675 of this chapter with respect to moratorium groundfish 
species, and other applicable Federal and State of Alaska regulations. 
A moratorium exempt vessel is a vessel in any of the following 
categories:
    (1) Vessels other than catcher vessels or catcher/processor 
vessels;
    (2) Catcher vessels or catcher/processor vessels less than or equal 
to 26 ft (7.9 m) LOA that conduct directed fishing for groundfish in 
the Gulf of Alaska;
    (3) Catcher vessels or catcher/processor vessels less than or equal 
to 32 ft (9.8 m) LOA that catch and retain moratorium crab species in 
the Bering Sea and Aleutian Islands Area or that conduct directed 
fishing for moratorium groundfish species in the Bering Sea and 
Aleutian Islands management area;
    (4) Catcher vessels or catcher/processor vessels that are fishing 
for IFQ halibut, IFQ sablefish, or halibut or sablefish under the 
Western Alaska Community Development Quota Program in accordance with 
regulations at subparts B and C of this part and that are not directed 
fishing for any moratorium species; or
    (5) Catcher vessels or catcher/processor vessels less than or equal 
to 125 ft (38.1 m) LOA that after November 18, 1992, are specifically 
constructed for and used in accordance with a Community Development 
Plan approved under Sec. 675.27 of this chapter, and are designed and 
equipped to meet specific needs that are described in the Community 
Development Plan.
    (c) Moratorium qualification. A vessel has moratorium qualification 
if the vessel is an original qualifying vessel, is not a moratorium 
exempt vessel under paragraph (b) of this section, and its moratorium 
qualification has not been transferred. A vessel also has moratorium 
qualification if it receives a valid moratorium qualification through a 
transfer approved by the Regional Director under Sec. 676.4 and that 
moratorium qualification is not subsequently transferred.
    (d) Moratorium permit endorsements. A moratorium permit will be 
endorsed for one or more fishery-specific gear type(s) in accordance 
with the endorsement criteria of paragraph (e) of this section. A 
fishery-specific gear type endorsement authorizes the use by the vessel 
of that gear type in the specified fisheries. Fishing gear requirements 
for the Bering Sea and Aleutian Islands Area crab fisheries as set 
forth in the Alaska Administrative Code at title 5, chapters 34 and 35; 
and fishing gear requirements for the Gulf of Alaska and the Bering Sea 
and Aleutian Islands management area groundfish fisheries are set forth 
at parts 672 and 675 of this chapter. A moratorium permit may be 
endorsed for any one or a combination of the following fishing gear 
types:
    (1) Trawl, which includes pelagic and nonpelagic trawl gear;
    (2) Pot, which includes longline pot and pot-and-line gear; and
    (3) Hook, which includes hook-and-line and jig gear.
    (e) Gear endorsement criteria. For purposes of this paragraph, from 
January 1, 1988, through February 9, 1992, is ``period 1,'' and from 
February 10, 1992, through December 11, 1994, is ``period 2.'' Fishery-
specific gear type endorsement(s) will be based on the following 
criteria:
    (1) Crab fisheries/pot gear endorsement. A moratorium permit for a 
vessel may be endorsed for crab fisheries/pot gear if the vessel:
    (i) Made a legal landing of a moratorium crab species in period 1;
    (ii) Made a legal landing of a moratorium groundfish species with 
any authorized fishing gear in period 1, and, in period 2, made a legal 
landing of a moratorium crab species; or
    (iii) Made a legal landing of moratorium groundfish in period 1 
with pot gear.
    (2) Groundfish fisheries/trawl gear endorsement. A moratorium 
permit may be endorsed for groundfish fisheries/trawl gear if the 
vessel:
    (i) Made a legal landing of a moratorium groundfish species with 
any authorized fishing gear in period 1; or
    (ii) Made a legal landing of a moratorium crab species in period 1, 
and, in period 2, made a legal landing of a moratorium groundfish 
species using trawl gear.

[[Page 40774]]

    (3) Groundfish fisheries/pot gear endorsement. A moratorium permit 
may be endorsed for groundfish fisheries/pot gear if the vessel:
    (i) Made a legal landing of a moratorium groundfish species with 
any authorized fishing gear in period 1; or
    (ii) Made a legal landing of a moratorium crab species in period 1.
    (4) Groundfish fisheries/hook gear endorsement. A moratorium permit 
may be endorsed for groundfish fisheries/hook gear if the vessel:
    (i) Made a legal landing of a moratorium groundfish species with 
any authorized fishing gear in period 1; or
    (ii) Made a legal landing of a moratorium crab species in period 1, 
and, in period 2, made a legal landing of a moratorium groundfish 
species using hook gear.


Sec. 676.4  Transfer of moratorium qualification; lost or destroyed 
vessels; reconstructed vessels.

    This section is effective from January 1, 1996, through December 
31, 1998.
    (a) General. A transfer of a vessel's moratorium qualification must 
be approved by the Regional Director before a moratorium permit may be 
issued for the vessel to which the qualification is transferred. A 
moratorium permit is not transferrable or assignable. A fishery-
specific gear type endorsement(s) is not severable from an endorsed 
permit. A transfer of moratorium qualification will not be approved by 
the Regional Director unless:
    (1) A complete transfer application that satisfies all requirements 
specified at Sec. 676.5 is submitted;
    (2) The LOA of the vessel to which the moratorium qualification is 
transferred does not exceed the maximum LOA of the original qualifying 
vessel; and
    (3) The moratorium permit associated with the moratorium 
qualification is not revoked or suspended.
    (b) Vessels lost or destroyed in 1988. The moratorium qualification 
of a vessel that was lost or destroyed before January 1, 1989, may not 
be transferred to another vessel and is not valid for purposes of 
issuing a moratorium permit for that vessel, if salvaged, unless 
salvage began on or before June 24, 1992, and the LOA of the salvaged 
vessel does not exceed its maximum LOA. The moratorium qualification of 
such a vessel is not valid for purposes of issuing a moratorium permit 
for 1998 unless that vessel is used to make a legal landing of a 
moratorium species from January 1, 1996 through December 31, 1997.
    (c) Vessels lost or destroyed from 1989 through 1995. The 
moratorium qualification of any vessel that was lost or destroyed on or 
after January 1, 1989, but before January 1, 1996, is valid for 
purposes of issuing a moratorium permit for that vessel, if salvaged, 
regardless of when salvage began provided that the vessel has not 
already been replaced and the LOA of the salvaged vessel does not 
exceed its maximum LOA. The moratorium qualification of any vessel that 
was lost or destroyed on or after January 1, 1989, but before January 
1, 1996, may be transferred to another vessel provided the LOA of that 
vessel does not exceed the maximum LOA of the original qualifying 
vessel. The moratorium qualification of such a vessel is not valid for 
purposes of issuing a moratorium permit for 1998 unless that vessel is 
used to make a legal landing of a moratorium species from January 1, 
1996 through December 31, 1997.
    (d) Vessels lost or destroyed after 1995. The moratorium 
qualification of any vessel that was lost or destroyed on or after 
January 1, 1996, is valid for purposes of issuing a moratorium permit 
for that vessel, if salvaged, regardless of when salvage began provided 
that the vessel has not already been replaced and the LOA of the 
salvaged vessel does not exceed its maximum LOA. The moratorium 
qualification of any vessel that is lost or destroyed on or after 
January 1, 1996, may be transferred to another vessel providing the LOA 
of that vessel does not exceed the maximum LOA of the original 
qualifying vessel.
    (e) Reconstruction. The moratorium qualification of a vessel is not 
valid for purposes of issuing a moratorium permit if, after June 23, 
1992, reconstruction is initiated that results in increasing the LOA of 
the vessel to exceed the maximum LOA of the original qualifying vessel. 
For a vessel whose reconstruction began before June 24, 1992, and was 
completed after June 24, 1992, the maximum LOA is the LOA on the date 
reconstruction was completed provided the owner files an application 
for transfer and the Regional Director certifies that maximum LOA and 
approves the transfer based on information concerning the LOA of the 
reconstructed vessel submitted under Sec. 676.5(d)(6).


Sec. 676.5  Procedures.

    (a) General. An application for a moratorium permit may be 
requested from the Restricted Access Management Division, Alaska 
Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668. Requests may be 
made by telephone by calling 907-586-7202 or 800-304-4846.
    (b) Application for permit. With respect to any vessel of the 
United States, a moratorium permit will be issued to the owner of the 
vessel at the time of the permit application, and who has submitted, to 
the address in paragraph (a) of this section, a complete moratorium 
permit application that is subsequently approved by the Regional 
Director. A complete application for a moratorium permit must include 
the following information for each vessel:
    (1) Name of the vessel, state registration number of the vessel 
and, the U.S. Coast Guard documentation number of the vessel, if any;
    (2) Name(s), business address(es), and telephone and fax numbers of 
the owner of the vessel;
    (3) Name of the managing company;
    (4) Valid documentation of the vessel's moratorium qualification if 
requested by the Regional Director due to an absence of landings 
records for the vessel from January 1, 1988, through February 9, 1992;
    (5) Reliable documentation of the vessel's original qualifying LOA 
if requested by the Regional Director, such as a vessel survey, 
builder's plan, state or Federal registration certificate, fishing 
permit records, or other reliable and probative documents that clearly 
identify the vessel and its LOA, and are dated before June 24, 1992;
    (6) Specification of the fishing gear(s) used from January 1, 1988, 
through February 9, 1992, and (if necessary) the fishing gear(s) used 
from February 10, 1992, through December 11, 1994;
    (7) Specification of the vessel as either a catcher vessel or a 
catcher/processor vessel;
    (8) If applicable, transfer authorization if a permit request is 
based on transfer of moratorium qualification pursuant to paragraph (c) 
of this section; and
    (9) Signature of the person who is the owner of the vessel or the 
person who is responsible for representing the vessel owner.
    (c) Moratorium permit issuance. The owner of a vessel of the United 
States that has moratorium qualification will be issued a moratorium 
permit upon application if the vessel's LOA does not exceed its maximum 
LOA.
    (d) Application for approval of a moratorium qualification 
transfer. An application for approval of a transfer of moratorium 
qualification must be completed and the transfer approved by the 
Regional Director before an application for a moratorium permit based 
on that transfer can be approved. An application for approval of a 
transfer and an application for a moratorium permit may be submitted 

[[Page 40775]]
simultaneously. A complete application for approval of transfer must 
include the following information as applicable for each vessel 
involved in the transfer of moratorium qualification:
    (1) Name(s), business address(es), and telephone and fax numbers of 
the applicant(s) (including the owners of the moratorium qualification 
that is to be or was transferred and the person who is to receive or 
received the transferred moratorium qualification);
    (2) Name of the vessel whose moratorium qualification is to be or 
was transferred and the name of the vessel that would receive or 
received the transferred moratorium qualification (if any), the state 
registration number of each vessel and, if documented, the U.S. Coast 
Guard documentation number of each vessel;
    (3) The original qualifying LOA of the vessel whose moratorium 
qualification is to be or was transferred, its current LOA, and its 
maximum LOA;
    (4) The LOA of the vessel that would receive or received the 
transferred moratorium qualification and documentation of that LOA by a 
current vessel survey or other reliable and probative document;
    (5) A legible copy of a contract or agreement specifying the vessel 
or person from which moratorium qualification is to be or is 
transferred, the date of the transfer agreement, names and signatures 
of all current owner(s) of the vessel whose moratorium qualification is 
to be or was transferred, and names and signatures of all current 
owner(s) of the moratorium qualification that is to be or was 
transferred;
    (6) With regard to vessel reconstruction:
    (i) A legible copy of written contracts or written agreements with 
the firm that performed reconstruction of the vessel and that relate to 
that reconstruction;
    (ii) An affidavit signed by the vessel owner(s) and the owner/
manager of the firm that performed the vessel reconstruction specifying 
the beginning and ending dates of the reconstruction; and
    (iii) An affidavit signed by the vessel owner(s) specifying the LOA 
of the reconstructed vessel;
    (7) With regard to vessels lost or destroyed, a copy of U.S. Coast 
Guard Form 2692, Report of Marine Casualty; and
    (8) Signatures of the persons from whom moratorium qualification 
would be transferred or their representative, and the persons who would 
receive the transferred moratorium qualification or their 
representative, unless NMFS determines that the signatures provided 
under paragraph (d)(5) of this section satisfy this requirement.
    (e) Appeal. (1) The Chief, Restricted Access Management Division, 
Alaska Region, NMFS, will issue an initial administrative determination 
to each applicant who is denied a moratorium permit by that official. 
An initial administrative determination may be appealed by the 
applicant in accordance with Sec. 676.25. The initial administrative 
determination will be the final agency action if a written appeal is 
not received by the Chief, Restricted Access Management Division, 
Alaska Region, NMFS, within the period specified at Sec. 676.25(d).
    (2) An initial administrative determination that denies an 
application for a moratorium permit must authorize the affected vessel 
to catch and retain moratorium crab or moratorium groundfish species 
with the type of fishing gear specified on the application. The 
authorization expires on the effective date of the final agency action 
relating to the application.
    (3) An administrative determination denying approval of the 
transfer of a moratorium qualification and/or denying the issuance of a 
moratorium permit based on that moratorium qualification is the final 
agency action for purposes of judicial review.


Sec. 676.6  Prohibitions.

    In addition to the prohibitions specified in Secs. 620.7, 672.7, 
675.7, and 676.16 of this chapter, it is unlawful for any person to:
    (a) Submit false or inaccurate information on a moratorium permit 
application or application to transfer moratorium qualification;
    (b) Alter, erase, or mutilate any moratorium permit;
    (c) Catch and retain a moratorium species with a vessel that has a 
LOA greater than the maximum LOA for the vessel;
    (d) Catch and retain a moratorium species with a vessel that has 
received an unauthorized transfer of moratorium qualification;
    (e) Catch and retain moratorium crab species or conduct directed 
fishing for any moratorium groundfish species with a vessel that has 
not been issued a valid moratorium permit, unless the vessel is 
lawfully conducting directed fishing for sablefish under subparts B and 
C of this part;
    (f) Catch and retain moratorium crab species or conduct directed 
fishing for any moratorium groundfish species with a vessel that does 
not have a valid moratorium permit on board, unless the vessel is 
lawfully conducting directed fishing for sablefish under subparts B and 
C of this part; and
    (g) Violate any other provision of subpart A of this part.


Secs. 676.7-676.9  [Reserved]

PART 677--NORTH PACIFIC FISHERIES RESEARCH PLAN

    13. The authority citation for part 677 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    14. Effective September 11, 1995, Figure 1 to part 677, Federal 
Processor Permit Application (Form FPP-1), is removed and reserved.
    15. Effective September 11, 1995, Sec. 677.4(b) introductory text 
is revised as follows:


Sec. 677.4  Permits.

* * * * *
    (b) Application. The permit required under paragraph (a) of this 
section may be obtained or renewed by submitting to the Regional 
Director a completed Federal Processor Permit Application for each 
vessel or processor containing the following information:
* * * * *
[FR Doc. 95-19344 Filed 8-7-95; 10:19 am]
BILLING CODE 3510-22-F