[Federal Register Volume 60, Number 158 (Wednesday, August 16, 1995)]
[Rules and Regulations]
[Pages 42470-42471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20257]



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DEPARTMENT OF COMMERCE
50 CFR Part 677

[Docket No. 950615155-5200-02; 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: Final rule.

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SUMMARY: NMFS issues a final rule 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 
responds 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 will avoid a ``double payment'' by the affected 
vessels of both Research Plan fees and costs of the State required 
observer coverage. This final 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.

EFFECTIVE DATE: September 1, 1995.

ADDRESSES: 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:
    Regulations implementing the Research Plan became effective October 
6, 1994 (59 FR 46126, September 6, 1994). The purpose for, and 
description of, the Research Plan are contained in the preamble to the 
final rule (59 FR 46126, September 6, 1994).
    At its April 1995 meeting, the North Pacific Fishery Management 
Council (Council) requested that NMFS initiate rulemaking to revise 
1995 crab observer coverage requirements set out under regulations 
implementing the Research Plan. The Council also requested NMFS to 
exempt catcher vessels participating in the Adak and Dutch Harbor king 
crab fisheries from the 1995 Research Plan fees.
    A proposed rule to implement the Council's request was published in 
the Federal Register on June 30, 1995 (60 FR 34228). Comments on the 
proposed rule were invited through July 12, 1995. No written comments 
were received within the comment period.
    Upon reviewing the reasons for exempting certain crab catcher 
vessels from the 1995 fee assessments under the Research Plan, NMFS has 
determined that this final rule implementing the following two measures 
is necessary to facilitate Federal and Alaska State cooperative 
implementation of the crab and groundfish observer programs during the 
first year of the fee-collection program authorized under the Research 
Plan:
    1. Regulations at Sec. 677.10(a)(3) are revised to accommodate a 
new State of Alaska requirement that catcher vessels participating in 
the Adak or Dutch Harbor king crab fisheries carry an observer; and
    2. Regulations at Sec. 677.6(b)(1)(iii)(A) are revised to extend 
current exemption provisions from the 1995 fee to crab catcher vessels 
participating in the Adak and Dutch Harbor king crab fisheries.
    Further explanation of, and reasons for, these measures are 
contained in the preamble to the proposed rule (60 FR 34228, June 30, 
1995).

Classification

    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this action would not have a 
significant economic impact on a substantial number of small entities. 
The reasons 

[[Page 42471]]
were published in the Federal Register on June 30, 1995 (60 FR 34228). 
As a result, a regulatory flexibility analysis was not prepared.
    This action relieves a restriction on crab vessels participating in 
the Adak and Dutch Harbor crab fisheries, which open September 1, 1995, 
and responds to a request from the State of Alaska. Because the rule 
relieves a restriction, under U.S.C. 553(d)(1), this final rule is made 
effective September 1, 1995.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 677

    Fisheries, Reporting and recordkeeping requirements.

    Dated: August 9, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 677 is amended 
as follows:

PART 677--NORTH PACIFIC FISHERIES RESEARCH PLAN

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

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

    2. In Sec. 677.6, 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 statistical 
area R (Adak), defined at 5 AAC 34.700, brown king crab harvested from 
ADF&G's statistical area O (Dutch Harbor), 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. 95-20257 Filed 8-15-95; 8:45 am]
BILLING CODE 3510-22-F