[Federal Register Volume 61, Number 186 (Tuesday, September 24, 1996)]
[Rules and Regulations]
[Pages 49980-49981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24077]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 960531152-6254-02; I.D. 081596A]
RIN 0648-AI18


Fisheries of the Exclusive Economic Zone Off Alaska; Technical 
Amendment; Correction and Clarification

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

ACTION: Final rule; technical amendment.

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SUMMARY: NMFS is correcting several sections of regulations that 
contain minor errors as a result of NMFS' consolidation of all Alaska 
regulations into one CFR part in response to the President's Regulatory 
Reform Initiative. This final rule does not make substantive changes to 
the existing regulations; rather, it corrects changes to text that were 
inadvertently made through reorganization of management measures for 
use in the groundfish fisheries of the Gulf of Alaska (GOA) and the 
Bering Sea and Aleutian Islands management area (BSAI). NMFS is also 
correcting several errors in cross-references in the definitions 
section that occurred when NMFS issued the final rule to implement 
Amendment 1 to the Fishery Management Plan for Scallops off Alaska.

EFFECTIVE DATE: September 24, 1996.

ADDRESSES: Copies of this final rule for this action may be obtained 
from: Fisheries Management Division, Alaska Region, NMFS, 709 W. 9th 
Street, Room 453, Juneau, AK 99801, or P.O. Box 21668, Juneau, AK 
99802, ATTN: Lori J. Gravel.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, NMFS, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    NMFS manages the following fisheries in the exclusive economic zone 
(EEZ) off Alaska: Groundfish fisheries in the GOA EEZ under the Fishery 
Management Plan for Groundfish of the Gulf of Alaska; groundfish 
fisheries in the BSAI EEZ under the Fishery Management Plan for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands Area; 
commercial harvest of BSAI king and Tanner crabs under the Fishery 
Management Plan for the Commercial King and Tanner Crab Fisheries in 
the Bering Sea and Aleutian Islands; and the commercial harvest of 
scallops under the Fishery Management Plan for the Scallop Fishery off 
Alaska. These fishery management plans (FMPs) are implemented by 
regulations at 50 CFR part 679. General regulations that also pertain 
to these fisheries appear in subpart H of 50 CFR part 600. The FMPs 
were prepared by the North Pacific Fishery Management Council under the 
authority of the Magnuson Fishery Conservation and Management Act.
    As part of the President's Regulatory Reform Initiative, NMFS 
issued a final rule (61 FR 31228, June 19, 1996) removing parts 671, 
672, 673, 675, 676, and 677 of title 50 CFR, and consolidating the 
regulations contained therein into one new part (50 CFR part 679). No 
substantive changes were made to the regulations by the consolidation 
of the six parts. However, due to the complexity of the reorganization, 
some errors were introduced into the regulatory text. This rule 
corrects those errors. It makes no substantive changes.
    On July 23, 1996, NMFS published a final rule (61 FR 38099) 
implementing Amendment 1 to the scallop FMP. Under the definition of 
``Authorized fishing gear,'' definitions of ``Dive'' and ``Scallop 
dredge'' were added and related paragraphs redesignated. However, the 
cross-references in the redesignated paragraphs were not revised to 
reflect the new numbering. This document corrects those errors.
    This action: (1) Clarifies the recordkeeping requirements for 
catcher vessels under 60 ft (18.3 m) length overall by specifically 
exempting them from the requirement to comply with the recordkeeping 
and reporting requirements contained in Sec. 679.5(a)-(k); (2) removes 
duplicative text regarding check-in/check-out reports; (3) corrects the 
time limit for check-out reports submitted by buying stations 
delivering to shoreside processors from 48 hours to 24 hours; (4) 
corrects the submittal instructions for Individual Fishing Quota (IFQ) 
shipment reports; (5) revises wording in general observer requirements 
for catcher/processors or catcher vessels to make grammatically 
consistent with related subordinate paragraphs; (6) corrects paragraph 
numbering in Research Plan observer coverage responsibilities for 
shoreside processors; and (7) corrects cross-references contained in 
the definition of ``pelagic trawl'' under ``authorized fishing gear'' 
in the definitions section.

[[Page 49981]]

Classification

    Because this technical amendment makes only minor, non-substantive 
corrections to an existing rule, prior notice and opportunity for 
public comment would serve no purpose. Accordingly, the Assistant 
Administrator for Fisheries, under 5 U.S.C. 553(b)(B), for good cause 
finds that prior notice and opportunity for public comment are 
unnecessary. Since this rule is non-substantive, it is not subject to a 
delay in effective date under 5 U.S.C. 553(d).
    Because this rule is being issued without prior comment, it is not 
subject to the Regulatory Flexibility Act requirement for a regulatory 
flexibility analysis and none has been prepared.
    This rule makes minor technical changes to a rule that has been 
determined to be not significant under E.O. 12866. No changes in the 
regulatory impact previously reviewed and analyzed will result from 
implementation of this technical amendment.

List of Subjects in 50 CFR Part 679

    Fisheries, Reporting and recordkeeping requirements.

    Dated: September 13, 1996.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, 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. 679.2, paragraph (9)(iii) introductory text and 
paragraphs (9)(iv) and (9)(v) under the definition of ``Authorized 
fishing gear'' are revised to read as follows:


Sec. 679.2  Definitions.

* * * * *
    Authorized fishing gear * * *
    (9) * * *
    (iii) Except for the small mesh allowed under paragraph (9)(ix) of 
this definition:
* * * * *
    (iv) Has no stretched mesh size less than 15 inches (38.1 cm) aft 
of the mesh described in paragraph (9)(iii) of this definition for a 
distance equal to or greater than one half the vessel's LOA;
    (v) Contains no configuration intended to reduce the stretched mesh 
sizes described in paragraphs (9)(iii) and (iv) of this definition;
    3. In Sec. 679.5, paragraph (a)(1)(i), (h)(2)(i)(B), (h)(2)(ii)(D), 
(l)(2)(ii)(A), (l)(2)(iii)(A), and (l)(2)(iii)(C) are revised, 
paragraph (h)(2)(i)(C) is removed, and paragraph (a)(1)(iii) is added 
to read as follows:


Sec. 679.5  Recordkeeping and reporting.

    (a) General requirements--(1) Applicability, Federal fisheries 
permit. Except as provided in paragraph (a)(iii) of this section, the 
following must comply with the recordkeeping and reporting requirements 
of this section:
    (i) Any catcher vessel, mothership, catcher/processor, or tender 
vessel, 5 net tons or larger, that is required to have a Federal 
fisheries permit under Sec. 679.4.
* * * * *
    (iii) A catcher vessel less than 60 ft (18.3 m) LOA, is not 
required to comply with recordkeeping and reporting requirements 
contained in Sec. 679.5(a)-(k).
* * * * *
    (h) * * *
    (2) * * *
    (i) * * *
    (B) Mothership, shoreside processor, buying station. Before a 
mothership, shoreside processor, or buying station commences receipt of 
groundfish from Alaska State or Federal waters of any reporting area 
except 300, 400, 550, or 690, the operator or manager must submit by 
fax a check-in report (BEGIN message) to the Regional Director.
    (ii) * * *
    (D) Buying station delivering to a shoreside processor. If a buying 
station delivering to a shoreside processor completes delivery of 
groundfish, the operator or manager of the buying station must submit 
by fax a check-out report to the Regional Director within 24 hours 
after departing a reporting area or leaving either the Alaska State or 
Federal part of a reporting area.
* * * * *
    (2) * * *
    (ii) Submittal. (A) A shipment report must be submitted to NMFS 
Alaska Enforcement Division prior to shipment or transfer, in a manner 
prescribed on the registered buyer permit.
* * * * *
    (iii) * * *
    (A) Complete a Shipment Report for each shipment or transfer from 
that registered buyer prior to shipment and assure that the Shipment 
Report is submitted to, and received by, the NMFS Alaska Enforcement 
Division, within 7 days of the date shipment or transfer commenced;
* * * * *
    (C) Submit a revised Shipment Report if any information on the 
original Shipment Report changes prior to the first destination of the 
shipment. A revised Shipment Report must be clearly labeled ``Revised 
Shipment Report,'' and must be received by the NMFS Alaska Enforcement 
Division, within 7 days of the change.
* * * * *
    6. In Sec. 679.51, paragraph (a)(2)(v) is revised to read as 
follows:


Sec. 679.51  General observer requirements (applicable through December 
31, 1996).

    (a) * * *
    (2) * * *
    (v) Participating for more than 3 fishing days in a directed 
fishery for groundfish using pot gear must carry a NMFS-certified 
observer during at least one fishing trip during a calendar quarter for 
each of the groundfish fishery categories defined under paragraph (b) 
of this section in which the vessel participates.
* * * * *


Sec. 679.52  [Amended]

    7. In Sec. 679.52, paragraph (e)(3) is redesignated as paragraph 
(e)(2)(iii), paragraphs (e)(3)(i)-(e)(3)(iii) are redesignated as 
paragraphs (e)(2)(iii)(A)-(e)(2)(iii)(C), paragraphs (e)(4)-(e)(6) are 
redesignated as paragraphs (e)(2)(iv)-(e)(2)(vi), and paragraphs 
(e)(6)(i)-(e)(6)(iii) are redesignated as paragraphs (e)(2)(vi)(A)-
(e)(2)(vi)(C).
[FR Doc. 96-24077 Filed 9-24-96; 8:45 am]
BILLING CODE 3510-22-F