[Federal Register Volume 62, Number 115 (Monday, June 16, 1997)]
[Proposed Rules]
[Page 32579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15736]



[[Page 32579]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 060997A]
RIN 0648-AH65


Fisheries of the Exclusive Economic Zone Off Alaska; License 
Limitation Program (LLP); Community Development Quota (CDQ) Program

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

ACTION: Notice of availability of amendments to fishery management 
plans; request for comments.

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SUMMARY: The North Pacific Fishery Management Council (Council) has 
submitted Amendment 39 to the Fishery Management Plan for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands (BSAI) Area, 
Amendment 41 to the Fishery Management Plan for Groundfish of the Gulf 
of Alaska (GOA), and Amendment 5 to the Fishery Management Plan for the 
Commercial King and Tanner Crab Fisheries in the BSAI. If approved by 
NMFS, these amendments would establish two Council-recommended 
regulatory programs affecting groundfish fisheries in the BSAI and GOA 
and crab fisheries in the BSAI. Comments are requested from the public. 
Copies of the amendments may be obtained from the Council (see 
ADDRESSES).

DATES: Comments on the amendments must be received by August 15, 1997.

ADDRESSES: Comments on the proposed amendments must be submitted to 
Ronald J. Berg, Chief, Fisheries Management Division, Alaska Region, 
NMFS, 709 W. 9th Street, Room 405, Juneau, AK 99801, or P.O. Box 21668, 
Juneau, AK 99802, Attention: Lori J. Gravel. Copies of the proposed 
amendments and the Environmental Assessment/Regulatory Impact Review 
(EA/RIR) prepared for the amendments may be obtained from the North 
Pacific Fishery Management Council, 605 West 4th Avenue, Suite 306, 
Anchorage, AK 99510-2252.

FOR FURTHER INFORMATION CONTACT: John Lepore, with respect to the LLP, 
or David C. Ham, with respect to the CDQ Program, at 907-586-7228.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires that each Regional 
Fishery Management Council submit any fishery management plan (FMP) or 
FMP amendment that it prepares to NMFS for review and approval, 
disapproval, or partial approval. The Magnuson-Stevens Act also 
requires that NMFS, upon reviewing an FMP or amendment, must 
immediately publish a notice that the FMP or amendment is available for 
public review and comment. NMFS will consider the public comments 
received during the comment period in determining whether to approve 
the plan or amendment.
    The three proposed FMP amendments would establish two fishery 
management programs that would provide exclusive fishing privileges to 
persons or groups of persons who meet specified qualifications. Under 
one system, the LLP, a limited number of licenses would be granted to 
persons who owned vessels that harvested and landed fish in the FMP 
fisheries during specified qualifying periods. The program would be 
implemented through the issuance of Federal vessel licenses. Except for 
certain exemptions, using a vessel in one of the FMP fisheries without 
a valid license would be prohibited. Qualification for a BSAI or GOA 
groundfish license would require a vessel to have made a legal landing 
of groundfish during a general qualification period and an area 
endorsement qualification period. Licensed vessels would be limited to 
fishing only in the areas for which they have endorsements. 
Qualification for a BSAI crab fishing license similarly would require a 
specified number of landings during general and endorsement 
qualification periods. Crab fishing license endorsements would limit a 
vessel to fishing only for the species and in the area specified on the 
endorsement. Licenses would be initially issued to persons who owned 
qualified vessels on June 17, 1995. The transfer of licenses would be 
allowed within certain limitations. Potentially affected persons are 
requested to review all proposed licensing provisions and exceptions in 
the FMP amendments and proposed implementing regulations, which will 
soon be published in the Federal Register.
    The proposed LLP is designed to halt the increase in the number of 
participating fishing vessels and to limit their fishing capacity. This 
program evolved from a longstanding Council concern that excess 
harvesting capacity in the fisheries governed by the FMPs increases the 
risk of management failure and inability to achieve optimum yield (OY) 
in these fisheries. The problem statement that guided the Council's 
analysis of management alternatives indicated that the domestic 
harvesting fleet had expanded beyond the size necessary to efficiently 
harvest the OY of the FMP fisheries. The problem statement also 
confirmed the Council's commitment to the long-term health and 
productivity of the fisheries and other living marine resources in 
North Pacific and Bering Sea ecosystems. Establishment of the LLP form 
of limited access system is authorized under section 303(b)(6) of the 
Magnuson-Stevens Act.
    The other proposed regulatory program would extend the existing CDQ 
programs for pollock, halibut, and sablefish, at 50 CFR 679 subpart C, 
to all other groundfish fisheries in the BSAI groundfish FMP and to the 
crab fisheries in the crab FMP. The proposed multi-species CDQ program 
is modeled on the existing pollock CDQ program, established originally 
in 1992, in that a specified percentage of the annually specified total 
allowable catch would be reserved for the exclusive use of persons 
fishing for qualified communities under approved community development 
plans. Unlike the pollock CDQ program, the multi-species CDQ program 
would not be scheduled to cease, but would continue until modified or 
revoked by a future regulatory action. The existing CDQ programs for 
halibut and sablefish would be merged into the multi-species CDQ 
program, but integration of the pollock CDQ program would depend on 
Council action to propose its re-authorization after 1998.
    The overall goal of the CDQ programs (existing and proposed) is to 
provide the means for starting or supporting commercial seafood 
activities in western Alaska that will result in ongoing, regionally-
based commercial seafood or related businesses. The multi-species CDQ 
proposal is specifically authorized under section 305 of the Magnuson-
Stevens Act.
    NMFS will consider the public comments received during the comment 
period in determining whether to approve the proposed amendments. The 
proposed regulations are scheduled to be published within 15 days of 
this notice.

    Dated: June 11, 1997.
Gary Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisherie 
Service.
[FR Doc. 97-15736 Filed 6-13-97; 8:45 am]
BILLING CODE 3510-22-F