[Federal Register Volume 60, Number 198 (Friday, October 13, 1995)]
[Proposed Rules]
[Pages 53331-53333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25429]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 676

[Docket No. 951002243-5243-01; I.D. 092695B]
RIN 0648-AG99


Limited Access Management of Federal Fisheries In and Off of 
Alaska; Relieving Transfer Restrictions on Individual Fishing Quota 
Shares

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed rule that would implement Amendment 32 
to the Fishery Management Plan for the Groundfish Fishery of the Bering 
Sea and Aleutian Islands Area and Amendment 36 to the Fishery 
Management Plan (FMP) for Groundfish of the Gulf of Alaska (GOA). These 
FMP amendments are necessary to facilitate full utilization of the 
allocated resources managed under the Individual Fishing Quota (IFQ) 
Program for the Pacific halibut and sablefish fixed gear fisheries in 
and off of Alaska. This action is intended to relieve transfer 
restrictions on Community Development Quota compensation quota shares 
(CDQ compensation QS), thereby allowing transfers to persons who could 
use the resulting IFQ to harvest the resource.

DATES: Comments must be received by November 24, 1995.

ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, 709 W. 9th Street, Room 453, 
Juneau, AK 99801, or P.O. Box 21668, Juneau, AK 99802; Attention: Lori 
J. Gravel. Copies of the Regulatory Impact Review (RIR) for this action 
may also be obtained from this address.

FOR FURTHER INFORMATION CONTACT: John Lepore, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    Beginning with the 1995 fishing season, the Pacific halibut 
(Hippoglossus stenolepis) and sablefish (Anoplopoma fimbria) fixed gear 
fisheries in the areas defined in 50 CFR 676.10 (b) and (c) have been 
managed under the IFQ Program. The IFQ Program is a regulatory regime 
designed to promote the conservation and management of these fisheries 
and to further the objectives of the Magnuson Fishery Conservation and 
Management Act and the Northern Pacific Halibut Act. Persons holding 
quota share (QS), which represents a transferable harvest privilege, 
receive an annual allocation of IFQ. Persons receiving an annual 
allocation of IFQ are authorized to harvest, within specified 
limitations, IFQ species. Further information on the implementation of 
the IFQ Program, and the rationale supporting it, are contained in the 
preamble to the final rule implementing the IFQ Program published in 
the Federal Register, November 9, 1993 (58 FR 59375). Additions and/or 
changes to the final rule implementing the IFQ Program were published 
June 1, 1994 (59 FR 28281); August 24, 1994 (59 FR 43502), corrected 
October 13, 1994 (59 FR 51874); October 7, 1994 (59 FR 51135); February 
2, 1995 (60 FR 6448); March 3, 1995 (60 FR 11916); March 6, 1995 (60 FR 
12152); and May 5, 1995 (60 FR 22307).
    The CDQ Program was proposed in conjunction with the IFQ Program. 
The CDQ Program apportioned designated percentages of the annual fixed 
gear total allowable catch (TAC) for Pacific halibut and sablefish to 
eligible western Alaska communities. These designated percentages were 
intended to provide residents of eligible communities with stable, 
long-term employment and to increase the participation of residents of 
eligible communities in near-shore fisheries.
    Apportioning designated percentages of the annual fixed gear TAC 
for Pacific halibut and sablefish to eligible western Alaska 
communities reduced the amount of that TAC available for harvest by 
persons receiving annual allocations of IFQ. Therefore, CDQ 
compensation QS were issued as partial compensation to persons in CDQ 
areas who received QS because the amount of Pacific halibut and 
sablefish available for 

[[Page 53332]]
harvest with IFQ in CDQ areas was reduced.
    Amendments 32 and 36 are intended to increase the remunerative 
value of CDQ compensation QS by relieving the existing transfer 
restrictions on initial recipients of those shares. Transfer 
restrictions are relieved by (1) exempting some CDQ compensation QS 
from the block provision and (2) allowing some CDQ compensation QS to 
be transferred across catcher vessel length categories.

Exemption From the Block Provision

    The block provision was added to the IFQ Program to prevent 
excessive consolidation of fishing privileges. The analysis for the 
block provision indicated that preventing excessive consolidation could 
result in higher levels of harvesting employment. Higher levels of 
employment for harvesters and the maintenance of diversity in fishing 
operations participating in the IFQ program were the main goals of the 
block provision.
    Preventing excessive consolidation was accomplished by (1) issuing 
as a block all initial allocations of QS that represented less than 
20,000 lb (9 mt) of IFQ based on the 1994 TAC and (2) restricting 
persons from holding more than two blocks for each IFQ species and IFQ 
regulatory area. One unintended effect was the blocking of all CDQ 
compensation QS.
    Blocked CDQ compensation QS, especially small blocks (several 
pounds to several hundred pounds of IFQ), would be difficult to market, 
because any block, no matter how small, would be counted as part of the 
two-block restriction. This difficulty in marketing would be contrary 
to the purpose of CDQ compensation QS, which is to compensate persons 
who received less QS in their traditional fishing areas because of 
allocations of the TAC to the CDQ Program. Exempting CDQ compensation 
QS from the block provision provides greater flexibility to persons who 
plan to transfer their CDQ compensation QS.

Transfer Across Catcher Vessel Length Categories

    The Council included catcher vessel length categories in the IFQ 
Program because of significant public concern that harvest privileges 
would be consolidated excessively into large vessel fishing operations. 
By restricting transfers across catcher vessel length categories, the 
Council ensured that the fixed gear fishing fleet would remain 
relatively diversified and similar in overall character to the fleet 
that existed prior to the program's implementation. The Council 
determined that maintaining a diversified fleet is critical to the 
economic and social well-being of coastal communities in Alaska that 
rely, in part, on the small vessel fleet as a source of revenue.
    This objective would not be contradicted by a 1-year period of 
relief from the restriction against transferring across catcher vessel 
length categories. Another vessel category designated by fish product 
type (Category ``A''--freezer vessels of any length) was also included 
in the IFQ Program; however, because Category ``A'' is not restricted 
by length, it is not included in the 1-year period of relief. A large 
portion of the CDQ compensation QS recipients are small vessel 
operators based in coastal communities located on the Bering Sea. 
Although these small vessel operators historically participated in the 
Bering Sea and Aleutian Island Management Area (BSAI), they received 
CDQ compensation QS in areas (e.g., GOA) where the fishery is 
prosecuted by large vessel operators. In turn, these larger vessel 
operators often were initially issued QS in the BSAI. The proposed 
action would enable small vessel operators in the BSAI to transfer 
their CDQ compensation QS in the GOA to larger vessel operators who, in 
turn, could transfer their initially issued QS in the BSAI to the small 
vessel operators. The coastal communities that rely on the small vessel 
fleet would benefit by having IFQ in more accessible areas. Further, 
this action would promote efficiency, because small vessel operators 
would receive small vessel QS for the areas they normally fish and 
large vessel operators would receive large vessel QS for the areas they 
normally fish. Allowing exchanges across catcher vessel length 
categories would eliminate the need for persons to use multiple vessels 
of varying lengths to harvest their IFQ allocations. Also, the 
exchanges would minimize vessel movement caused by IFQ allocations in 
multiple areas. Finally, this action would not significantly change the 
overall character of the fleet because (1) CDQ compensation QS accounts 
for less than 3 percent of the total amount of QS and (2) the net gain 
or loss in any one catcher vessel length category likely would be 
insignificant.

Classification

    Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish 
regulations proposed by a Council within 15 days of receipt of an FMP 
or an amendment of an FMP and regulations. At this time, NMFS has not 
determined that either Amendment 32 to the BSAI FMP or Amendment 36 to 
the GOA FMP (which these rules would implement) are consistent with the 
national standards, other provisions of the Magnuson Act, and other 
applicable laws. NMFS, in making that determination, will take into 
account the data, views, and comments received during the comment 
period.
    An RIR was prepared for this proposed rule that describes the 
management background, the purpose and need for action, the management 
action alternatives, and the social impacts of the alternatives. The 
RIR also estimates the total number of small entities affected by this 
action, and analyzes the economic impact on those small entities. 
Copies of the RIR can be obtained from NMFS (see ADDRESSES).
    The analysis in the RIR shows that the economic effects of this 
rule to the regulated community would be relatively minor. Accordingly, 
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 proposed rule would not 
have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act.
    This proposed rule has been categorically excluded from further 
environmental assessment pursuant to NOAA Administrative Order 216-6, 
section 6.02b.3.(b)(ii)(aa), because the actions pursuant to this 
proposed rule do not result in a significant change in the original IFQ 
Program.
    This proposed rule will not change the collection of information 
approved by the Office of Management and Budget (OMB), OMB Control 
Number 0648-0272, for the Pacific halibut and sablefish IFQ Program and 
OMB Control Number 0648-0269, for the Western Alaska CDQ Program.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 676

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: October 6, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 676 is 
proposed to be amended as follows:

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

    1. The authority citation for 50 CFR part 676 continues to read as 
follows:

 
[[Page 53333]]

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

    2. In Sec. 676.21, paragraph (h) is added to read as follows:


Sec. 676.21  Transfer of QS and IFQ.

* * * * *
    (h) Use of QS across catcher vessel categories. (1) Any person 
issued CDQ compensation QS for a catcher vessel in an IFQ regulatory 
area in which that person does not hold QS may use that CDQ 
compensation QS on any catcher vessel regardless of catcher vessel 
category (see Sec. 676.20). After CDQ compensation QS is transferred, 
the QS is permanently assigned to the specific catcher vessel category 
designated by the person to whom the QS is transferred.
    (2) Paragraph (h)(2) of this section is effective through [insert 
date 1 year from the effective date of the final rule]. Catcher vessel 
QS transferred as partial or total consideration for the transfer of 
CDQ compensation QS may be redesignated into a new catcher vessel 
category if the CDQ compensation QS is transferred from the person to 
whom the CDQ compensation QS was originally issued and the QS may have 
been used on a vessel of any catcher vessel category pursuant to 
paragraph (h)(1) of this section.
    (3) For purposes of paragraph (h) of this section, CDQ compensation 
QS is quota share issued as partial compensation for Pacific halibut 
and sablefish harvest privileges foregone due to the CDQ Program, as 
provided in Sec. 676.24(i).
    3. In Sec. 676.22, paragraph (a) is revised to read as follows:


Sec. 676.22  Limitations on the use of QS and IFQ.

    (a) The QS or IFQ specified for one IFQ regulatory area and one 
vessel category must not be used in a different IFQ regulatory area or 
vessel category, except as provided in paragraph (i)(3) of this 
section, or in Sec. 676.21(h)(1).
* * * * *
    4. In Sec. 676.24, paragraph (i)(3) is revised to read as follows:


Sec. 676.24  Western Alaska Community Development Quota Program.

* * * * *
    (i) * * *
    (3) Persons initially issued QS for IFQ regulatory areas in which a 
portion of the TAC is allocated to the CDQ Program will be compensated 
for halibut and sablefish harvest privileges foregone due to the CDQ 
Program. Compensation issued to persons in an IFQ regulatory area in 
which the persons do not hold QS will be issued as unblocked. 
Compensation issued to persons in an IFQ regulatory area in which the 
persons do hold QS will be added to their existing QS in that IFQ 
regulatory area. The resulting QS amount will be blocked or unblocked 
according to the criteria found at Sec. 676.20(a). Compensation will be 
calculated for each non-CDQ area using the following formula:

QN=(QC x QSPN  x RATE)/(SUMCDQ 
-[RATE x SUMTAC])([1-RATE]  x TACAVE)(QSPC 
x [CDQPCT-RATE])

Where:

QN=quota share in non-CDQ area
QC=quota share in CDQ area
QSPN=quota share pool in non-CDQ area (as existing on January 31, 
1995)
RATE=SUMCDQ/average of the TAC (1988-1994) for all CDQ and non-CDQ 
areas
TACAVE=average of the TAC (1988-1994) for CDQ area
QSPC=quota share pool in CDQ area (as existing on January 31, 
1995)
CDQPCT=CDQ percentage for CDQ area
SUMCDQ=sum [TACAVE x CDQPCT]
SUMTAC=sum [TACAVE]
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[FR Doc. 95-25429 Filed 10-10-95; 3:43 pm]
BILLING CODE 3510-22-W