[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