[Federal Register Volume 61, Number 156 (Monday, August 12, 1996)]
[Rules and Regulations]
[Pages 41744-41745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20433]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 960501122-6213-02; I.D. 042596A]
RIN 0648-AI46


Fisheries of the Exclusive Economic Zone Off Alaska; Addition of 
Akutan to List of Eligible Communities

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

ACTION: Final rule.

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SUMMARY: NMFS adds the city of Akutan to the list of western Alaska 
communities that are eligible to participate in the Community 
Development Quota (CDQ) programs, removes the authority to use scales 
to weigh total catch in the pollock CDQ fishery, and prohibits 
processor vessels from filling fish holding bins above the level of the 
viewing port. These actions are necessary to further the objectives of 
the CDQ programs. These actions are intended to extend benefits of the 
CDQ programs to an additional community and to improve monitoring of 
CDQ harvests.

EFFECTIVE DATE: September 9, 1996.

ADDRESSES: Individual copies of the environmental assessment/regulatory 
impact review (RIR)/final regulatory flexibility analysis (FRFA) 
prepared for this action may be obtained from the Fisheries Management 
Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn: 
Lori Gravel.

FOR FURTHER INFORMATION CONTACT: David Ham, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    The domestic groundfish fisheries in the exclusive economic zone of 
the Bering Sea and Aleutian Islands management area (BSAI) are managed 
by NMFS in accordance with the Fishery Management Plan for the 
Groundfish Fishery of the Bering Sea and Aleutian Island Area (FMP). 
The FMP was prepared by the Council and approved by NMFS under the 
Magnuson Fishery Conservation and Management Act (Magnuson Act). The 
FMP is implemented by regulations that appear at 50 CFR part 679. 
General regulations that also govern the groundfish fisheries appear at 
50 CFR part 600.
    Community Development Quota programs are in effect in the BSAI for 
the pollock, Pacific halibut, and fixed gear sablefish fisheries. Final 
rules implementing these programs were published for pollock on 
December 12, 1995 (60 FR 63654), corrected at 61 FR 20 (January 2, 
1996), and for halibut and sablefish (H/S) on November 9, 1993 (58 FR 
59375).
    The pollock and H/S CDQ programs apportion a designated percentage 
of the annual total allowable catch for pollock, Pacific halibut, and 
fixed gear sablefish to separate CDQ reserves that may be allocated to 
eligible western Alaska communities. The purpose of the CDQ programs is 
to provide the CDQ communities with a means for starting or supporting 
commercial seafood activities that will result in ongoing, regionally 
based, commercial seafood or related businesses. This final rule 
implements the following changes to the CDQ regulations that were 
published as a proposed rule in the Federal Register on May 15, 1996 
(61 FR 24475):
    1. The city of Akutan is added to the list of western Alaska 
communities that are eligible to participate in the CDQ programs.
    2. The authority for processing vessels to use scales to weigh 
total catch in the pollock CDQ fishery is removed.
    3. Processor vessels are prohibited from filling fish holding bins 
above the level of the viewing port.

Changes from the Proposed Rule

    Two changes were made from the proposed rule in the final rule. 
First, since publication of the proposed rule, the Federal regulations 
implementing Alaska fishery management plans have undergone a 
comprehensive consolidation and have been recodified at 50 CFR part 679 
(61 FR 31228, June 19, 1996). The proposed rule would have amended the 
preconsolidation regulations, the final rule makes the respective 
amendments to the consolidated regulations.
    Second, one paragraph, Sec. 679.32(e)(1)(vi), was inadvertently 
included in the consolidated regulations (50 CFR part 679), but should 
have been included in this rule. A correction document was published to 
remove the paragraph (61 FR 37843, July 22, 1996). This rule adds this 
paragraph, which reads ``The receiving bins must not be filled in a 
manner that obstructs the viewing ports or prevents the observer from 
seeing the level of fish throughout the bin.''

Response to Comments

    A 30-day public comment period on the proposed rule ended on June 
13, 1996. Three letters of comment supporting the proposed rule, and 
one letter of general comment were received during the comment period. 
These four comments are summarized and responded to below.
    Comment 1: Three letters of comment were received supporting the 
addition of Akutan to the list of eligible CDQ communities.
    Response: NMFS notes these comments.
    Comment 2: One letter of comment was received requesting NMFS to 
consider for the proposed multispecies CDQ program volumetric 
measurements for estimating total catch as opposed to total weight 
estimations because of the inherent problems with estimating total 
weight on processor vessels.
    Response: A proposed rule is under development to implement a 
proposed FMP amendment that would extend the CDQ program to include 
additional species. If approved, NMFS will require the most reliable 
method to measure CDQ catches of groundfish.

Classification

    NMFS prepared an FRFA as part of the RIR. A copy of this analysis 
is available from NMFS (see ADDRESSES). The addition of Akutan to the 
list of eligible CDQ communities in the Aleutian Region would affect a 
substantial number of small entities, that is, the other five 
communities currently participating in the CDQ program. Akutan would be 
expected to receive some CDQ support, and support would be reduced for 
one or more of the other communities accordingly. While it is possible 
that Akutan would receive only a very small allocation and the 
resulting reallocations would not have a significant impact, it is more 
likely that

[[Page 41745]]

the reallocations would reduce the gross revenues of the other five 
communities by more than 5 percent, thus having a significant economic 
impact on these entities. It would be speculative to try to predict 
specific allocations or impacts. The economic impact on other 
communities is not a factor to be considered in determining whether a 
particular community is eligible under the CDQ program. Accordingly, 
there are no practical alternatives available or that could be 
considered to reduce or minimize the economic impact on other 
communities if Akutan is added to the list of CDQ communities. The 
other aspects of this final rule are not expected to have a significant 
economic impact on a substantial number of small entities.
    This rule has been determined to be not significant for purposes of 
E.O. 12866.

List of Subjects in 50 CFR Part 679

    Fisheries, Reporting and recordkeeping requirements.

    Dated: August 5, 1996.
C. Karnella,
Acting Program Management Officer, National Marine Fisheries Service.

    For reasons set out in the preamble, 50 CFR part 679 is amended as 
follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    1. The authority citation for part 679 continues to read as 
follows:

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

    2. In Sec. 679.30, the last sentence of paragraph (d)(2)(iv) is 
revised to read as follows:


Sec. 679.30  General CDQ regulations.

* * * * *
    (d) * * *
    (2) * * *
    (iv) * * * The community of Unalaska is excluded under this 
provision.
* * * * *
    3. In 679.32, paragraph (e), the introductory text is revised, the 
heading for paragraph (e)(1) is removed, paragraph (e)(2) is removed, 
paragraphs (e)(1)(i) through (e)(1)(vi) are redesignated as paragraphs 
(e)(1) through (e)(6) respectively, current paragraphs (e)(1)(iii)(A) 
through (e)(1)(iii)(D) are redesignated as paragraphs (e)(3)(i) through 
(e)(3)(iv) respectively, and newly redesignated paragraph (e)(6) is 
added as follows:


Sec. 679.32  Estimation of total pollock harvest in the CDQ fisheries 
(applicable through December 31, 1998).

* * * * *
    (e) Processor vessel measurement requirements. Each processor 
vessel participating in the CDQ fishery for pollock must estimate the 
total weight of its groundfish catch by the volumetric procedures 
specified in this paragraph (e).
* * * * *
    (6) Bin viewing port. The receiving bins must not be filled in a 
manner that obstructs the viewing ports or prevents the observer from 
seeing the level of fish throughout the bin.
    4. In Table 7 the heading is revised and the entries under 
``Aleutian Region'' are revised, to read as follows: Table 7 to Part 
679--Communities Determined to be Eligible to Apply for Community 
Development Quotas (Other communities that do not appear on this table 
may also be eligible).
    Aleutian Region:

1. Akutan
2. Atka
3. False Pass
4. Nelson Lagoon
5. Nikolski
6. St. George
7. St. Paul
* * * * *
[FR Doc. 96-20433 Filed 8-9-96; 8:45 am]
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