[Federal Register Volume 62, Number 92 (Tuesday, May 13, 1997)]
[Rules and Regulations]
[Pages 26246-26247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12422]


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DEPARTMENT OF COMMERCE

50 CFR Part 679

[Docket No. 970206022-7102-02; I.D. 012197C]
RIN 0648-AJ35


Fisheries in the Exclusive Economic Zone Off Alaska; Modify Prior 
Notice of Landing Requirement

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

ACTION: Final rule.

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SUMMARY: NMFS implements a regulatory amendment to the Individual 
Fishing Quota (IFQ) Program for fixed gear Pacific halibut and 
sablefish fisheries in and off Alaska. This action redefines the length 
of time within which a 6-hour prior notice of landing is valid and 
requires that a new prior notice of IFQ landing be submitted to NMFS if 
the landing originally reported will take place either before or more 
than 2 hours after the date and time scheduled in the original prior 
notice of IFQ landing. This action is necessary to reinforce the 
enforcement rationale underlying the original requirement and improve 
compliance with IFQ regulations. This action is intended to improve the 
IFQ Program's ability to manage efficiently the Pacific halibut and 
sablefish resources of the Exclusive Economic Zone off Alaska.

EFFECTIVE DATE: June 12, 1997.

ADDRESSES: Copies of the Regulatory Impact Review for this action may 
be obtained from Fisheries Management Division, Attn: Lori Gravel, 
Alaska Region, NMFS, Room 453, 709 West 9th Street, Juneau, AK 99801, 
or P.O. Box 21668, Juneau, AK 99802.

FOR FURTHER INFORMATION CONTACT: James Hale, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    The fixed gear halibut and sablefish fisheries are managed under 
the IFQ Program, a limited access system for fixed gear Pacific halibut 
(Hippoglossus stenolepis) and sablefish (Anoplopoma fimbria) fisheries 
in and off Alaska. The North Pacific Fishery Management Council 
(Council), under authority of the Magnuson-Stevens Fishery Conservation 
and Management Act and the Northern Pacific Halibut Act of 1982 
(Halibut Act), recommended the IFQ Program, which NMFS implemented in 
1995. The IFQ Program was designed to reduce excessive fishing capacity 
while maintaining the social and economic character of the fixed gear 
fishery and the Alaskan coastal communities where many of these 
fishermen are based.
    The regulations implementing the IFQ Program require vessel 
operators wishing to land IFQ species to notify NMFS no less than 6 
hours prior to the landing and include in this notification the name 
and location of the registered buyer to whom the fish will be landed 
and the anticipated date and time of landing (Sec. 679.5(l)(1)(i)). 
This action modifies that requirement by specifying the length of time 
after the prior notice date and time specified in which IFQ species can 
be landed. As amended, the regulations require that fishermen land IFQ 
species no earlier than the anticipated time specified in the notice 
and no later than 2 hours after the specified time. In the event that a 
vessel does not make the landing within 2 hours after the time 
specified in the notice, the vessel operator must submit a new notice 
subject to all the requirements for the original notice, including that 
the notice be filed at least 6 hours prior to landing IFQ species. As 
in the present regulation, if a vessel operator wishes to make a 
landing earlier than the anticipated time specified in a notice, the 
operator must file a new notice subject to all the requirements of the 
original notice, including that the notice be filed at least 6 hours 
prior to landing IFQ species.
    Also, the current requirement that the notice include the name and 
location of the registered buyer to whom a landing will be made is 
clarified. ``Location'' may be misinterpreted to mean the business 
address of the registered buyer rather than, as was intended, the 
actual location of the landing. This action clarifies that requirement 
by making explicit that the notice must include the location of the 
landing.
    Further information on this action may be found in the preamble to 
the proposed rule published February 21, 1997, at 62 FR 7993. No 
comments were received during the public comment period on the proposed 
rule, and no changes have been made in this action as published in the 
proposed rule.

Classification

    This final rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA). The requirement for a 6-
hour prior notice of IFQ landings has been approved by the Office of 
Management and Budget (OMB) under Control Number 0648-0272. Public 
reporting burden for this collection of information is estimated to 
average 12 minutes per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    The proposed rule for this action invited comments on: (a) Whether 
the proposed collection of information is necessary for the proper 
performance of the functions of the agency, including whether the 
information shall have practical utility; (b) the accuracy of the 
agency's estimate of the burden of the proposed collection of 
information; (c) ways to enhance the quality, utility, and clarity of 
the information to be collected; and (d) ways to minimize the burden of 
the collection of information on respondents, including through use of 
automated collection techniques or other forms of information 
technology.
    NMFS received no comments on these issues. This collection has been 
approved by OMB under Control Number 0648-0272.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    When this rule was proposed, the Assistant General Counsel for 
Legislation and Regulations of the Department of Commerce certified to 
the Chief Counsel for Advocacy of the Small Business Administration 
that, if adopted as proposed, the final rule

[[Page 26247]]

would not have a significant economic impact on a substantial number of 
small entities. As a result, a regulatory flexibility analysis was not 
prepared. No comments were received regarding this certification. 
Accordingly, the basis for that certification has not changed.

List of Subjects in 50 CFR Part 679

    Fisheries, Reporting and recordkeeping requirements.

    Dated: May 7, 1997.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the 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. 679.5, paragraph (l)(1)(i)(B) is revised and paragraph 
(l)(1)(i)(D) is added to read as follows:


Sec. 679.5  Recordkeeping and reporting.

* * * * *
    (l) * * *
    (1) * * *
    (i) * * *
    (B) Notification must include: Name of the registered buyer(s) to 
whom the IFQ halibut or IFQ sablefish will be landed and the location 
of the landing; vessel identification; estimated weight of the IFQ 
halibut or IFQ sablefish that will be landed; identification number(s) 
of the IFQ card(s) that will be used to land the IFQ halibut or IFQ 
sablefish; and the date and time that the landing will take place.
* * * * *
    (D) The operator of any vessel wishing to land IFQ halibut or IFQ 
sablefish before the date and time reported in the prior notice or 
later than 2 hours after the date and time reported in the prior notice 
must submit a new prior notice of IFQ landing in compliance with the 
provisions set forth in paragraphs (l)(1)(i) (A) through (C) of this 
section.
* * * * *
[FR Doc. 97-12422 Filed 5-12-97; 8:45 am]
BILLING CODE 3510-22-F