[Federal Register Volume 63, Number 113 (Friday, June 12, 1998)]
[Rules and Regulations]
[Pages 32144-32146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15595]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 980212037-8142-02; I.D. 012798A]
RIN 0648-AJ87
Fisheries of the Exclusive Economic Zone Off Alaska; Halibut
Donation Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations to implement Amendment 50 to the
Fishery Management Plan for Groundfish of the Gulf of Alaska and
Amendment 50 to the Fishery Management Plan for the Groundfish Fishery
of the Bering Sea and Aleutian Islands Area (FMPs). This rule
authorizes the distribution of Pacific halibut taken as bycatch in the
specified groundfish trawl fisheries off Alaska to economically
disadvantaged individuals through tax-exempt organizations selected by
NMFS to be authorized distributors. This rule is applicable only until
December 31, 2000, so that management agencies may assess the program
prior to determining whether or not to continue it under a future
regulatory amendment. This action is necessary to promote the goals and
objectives of the FMPs. The intended effect of this action is to reduce
the amount of regulatory discards in the groundfish fisheries by
processing dead halibut for human consumption.
DATES: Effective July 13, 1998.
ADDRESSES: Copies of Amendments 50/50 and the Environmental Assessment/
Regulatory Impact Review (EA/RIR) prepared for this action are
available from the Sustainable Fisheries Division, Alaska Region, NMFS,
P.O. Box 21668, Juneau AK 99802, Attn: Lori J. Gravel, or by calling
the Alaska Region, NMFS, at 907-586-7228. Send comments regarding
burden estimates or any other aspect of data requirements, including
suggestions for reducing burdens to NMFS and to the Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Washington, DC 20503, Attn: NOAA Desk Officer.
FOR FURTHER INFORMATION CONTACT: Alan Kinsolving, 907-586-7228.
SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the
exclusive economic zone off Alaska are managed by NMFS under the FMPs.
The FMPs were prepared by the North Pacific Fishery Management Council
(Council) under the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act). Regulations governing the Alaska
groundfish fisheries appear at 50 CFR parts 600 and 679. Fishing for
Pacific halibut in waters in and off Alaska is governed by the
Convention between the United States and Canada for the Preservation of
the Halibut Fishery of the North Pacific Ocean and Bering Sea
(Convention) and by regulations adopted by the International Pacific
Halibut Commission (IPHC) and approved by the Secretary of State of the
United States pursuant to section 4 of the Northern Pacific Halibut Act
(16 U.S.C. 773-773k). Regulations of the IPHC are published as annual
management measures in the Federal Register each year pursuant to
regulations at 50 CFR 300.62.
A Notice of Availability of Amendments 50/50 was published in the
Federal Register on February 4, 1998 (63 FR 5777), with comments
invited through April 6, 1998. A proposed rule to implement Amendments
50/50 was published in the Federal Register on March 4, 1998 (63 FR
10583), with comments invited through April 20, 1998. Four comments
were received, and they are summarized and responded to in the Comments
and Responses section. No changes were made from the proposed rule to
the final rule.
The regulations implementing Amendments 50/50 expand the existing
Salmon Donation Program by creating a Prohibited Species Donation (PSD)
program that includes Pacific halibut as well as salmon. The
regulations authorize the voluntary distribution of halibut taken as
bycatch in the groundfish trawl fishery to needy individuals by tax-
exempt organizations through a NMFS-authorized distributor.
The program is limited to dead halibut landed by trawl catcher
vessels to shoreside processors. Many of the halibut taken in the
groundfish fishery are discarded alive. However, dead halibut are
sometimes landed shoreside by trawl catcher vessels because at-sea
sorting of catch is not practicable. This action will not have any
impact on the halibut resource because the groundfish fisheries operate
with a halibut prohibited species catch limit that requires closure of
a fishery when that limit has been reached.
The regulations implementing Amendments 50/50 are applicable until
December 31, 2000. This sunset provision was advocated by the Council
and the IPHC so that management agencies could assess the effectiveness
of the halibut donation program, relative to the program's objectives,
before the Council took action to extend the program beyond the year
2000 by regulatory amendment.
Additional information on this action is contained in the preamble
to the proposed rule and in the EA/RIR (see ADDRESSES). Upon reviewing
Amendments 50/50, the Administrator, Alaska Region, NMFS has determined
that Amendments 50/50 are necessary for the conservation and management
of
[[Page 32145]]
the groundfish fisheries off Alaska and are consistent with the
Magnuson-Stevens Act and with other applicable laws.
Comments and Responses
Comment 1: The concept of a PSD program is a good one, but the plan
amendments should be structured to allow the donation of any prohibited
species and not just halibut.
Response: The Council has recommended that the PSD program be
limited to the existing salmon donation program and to the new halibut
donation program implemented by this action. If the PSD program is
successful, the Council may consider its expansion at a future date. At
this time, the only authorized distributor has not expressed interest
in receiving donations of other species.
Comment 2: The Council and NMFS have been moving in the direction
of increasing the utilization of harvested fish. While expanding the
salmon donation program is worthwhile, the Secretary of Commerce should
encourage the Council to rethink its management of prohibited species.
Many of the regulatory discard rules may no longer be necessary in the
light of increased retention/increased utilization policies that have
been recently implemented.
Response: Comment noted. NMFS will continue to examine viable
alternatives to the existing programs for managing bycatch and reducing
the need for regulatory discard. NMFS believes that this action is a
positive step in this direction.
Comment 3: The preamble to the proposed rule asserts that the
retention of halibut for donation will provide additional opportunity
to collect biological samples and scientific data. NMFS should consider
the possibility that prohibited species catch data, which may be
collected as a result of the program, could be misleading. This should
be addressed when considering the approval of these amendments.
Response: The primary goals of Amendments 50/50 is to reduce
regulatory discards and to provide a mechanism for the donation of dead
halibut to economically disadvantaged individuals. While this action
provides an opportunity for increased collection of data, NMFS does not
currently have plans to collect new data through this program. If such
plans develop in the future, we will keep this comment in mind.
Comment 4: The EA prepared for this action erroneously states that
trawl gear accounts for 84 percent of the halibut bycatch in the FMP
managed groundfish fisheries. The correct statement would be that trawl
gear accounts for 84 percent of the halibut bycatch mortality.
Response: The executive summary of the final EA has been revised to
indicate that trawl gear is estimated to account for 84 percent of the
halibut bycatch mortality.
Classification
At the proposed rules stage, 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 rule would not have a significant economic impact on a
substantial number of small entities. The rationale for this
determination appeared in the proposed rule. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not prepared.
This final rule has been determined to be not significant for the
purposes of E.O. 12866.
This final rule contains collection-of-information requirements
subject to the Paperwork Reduction Act (PRA). The collection of this
information has been approved by OMB under OMB control number 0648-
0316.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to penalty for
failure to comply with a collection of information, subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number.
Public reporting burdens for these collections of information are
estimated to average: 40 hours per response for a distributor to
complete an application; 40 hours per year per response per distributor
to comply with the documentation requirements; 0.1 hours per response
for processors to properly label processed halibut; and 0.25 hours per
response for the vessels/processors to list vessels/processors. The
estimated response times shown include the time to review instructions,
search existing data sources, gather and maintain the data needed, and
complete and review the collection of information.
Send comments on these or any other aspects of the collection of
information, including suggestions for reducing burdens, to NMFS and to
OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: June 5, 1998.
Rolland A. Schmitten,
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 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.
2. In Sec. 679.2, the definitions of ``SDP'' and ``SDP permit'' are
removed, the definitions of ``PSD program'' and ``PSD permit'' are
added, and paragraph (1) of the definition of ``Catcher vessel'' is
revised, in alphabetical order as follows:
Sec. 679.2 Definitions.
* * * * *
Catcher vessel means:
(1) With respect to groundfish recordkeeping and reporting, the PSD
program and subpart E of this part, a vessel that is used for catching
fish and that does not process fish on board.
* * * * *
PSD Permit means a permit issued by NMFS to an applicant who
qualifies as an authorized distributor for purposes of the PSD.
PSD Program means the Prohibited Species Donation Program
established under Sec. 679.26.
* * * * *
3. In Sec. 679.7, paragraph (a)(12) is revised to read as follows:
Sec. 679.7 Prohibitions.
* * * * *
(a) * * *
(12) Prohibited species donation program. Retain or possess
prohibited species, defined at Sec. 679.21(b)(1), except as permitted
to do so under the PSD program as provided by Sec. 679.26 of this part,
or as authorized by other applicable law.
* * * * *
Sec. 679.21 [Amended]
In Sec. 679.21 paragraph (c)(1) is amended by changing the word
``SDP'' to the phrase ``PSD program''.
4. In Sec. 679.26, the section heading is revised; paragraphs (a)
through (c) are redesignated as paragraphs (b) through (d);
redesignated paragraphs (b)(1)(xii), (b)(2)introductory text,
(b)(2)(iii), (b)(3)(ii), (b)(3)(iv), (b)(3)(v), (c)(1), (c)(2), (c)(3)
and (d)(4) are revised; and new paragraphs (a) and (b)(1)(xiv) are
added to read as follows:
[[Page 32146]]
Sec. 679.26 Prohibited Species Donation Program.
(a) Authorized species. The PSD program applies only to the
following species:
(1) Salmon.
(2) (Applicable through December 31, 2000) Halibut delivered by
catcher vessels using trawl gear to shoreside processors.
(b) * * *
(1) * * *
(xii) A signed statement from the applicant and from all persons
who are listed under paragraph (b)(1)(xi) of this section and who would
conduct activities pursuant to the PSD permit waiving any and all
claims against the United States and its agents and employees for any
liability for personal injury, death, sickness, damage to property
directly or indirectly due to activities conducted under the PSD
program.
* * * * *
(xiv) A separate application must be submitted for each species
listed under paragraph (a) of this section that the applicant seeks to
distribute.
(2) Selection. The Regional Administrator may select one or more
tax-exempt organizations to be authorized distributors under the PSD
program based on the information submitted by applicants under
paragraph (b)(1) of this section. The number of authorized distributors
selected by the Regional Administrator will be based on the following
criteria:
* * * * *
(iii) The anticipated level of bycatch of prohibited species listed
under paragraph (a) of this section.
* * * * *
(3) * * *
(ii) The Regional Administrator may impose additional terms and
conditions on a PSD permit consistent with the objectives of the PSD
program.
* * * * *
(iv) Effective period--(A) Salmon. A PSD permit for salmon remains
in effect for a 3-year period after the selection notice is published
in the Federal Register unless suspended or revoked. A PSD permit
issued to an authorized distributor may be renewed following the
application procedures in this section.
(B) A PSD permit issued for halibut will expire December 31, 2000.
(v) If the authorized distributor modifies any information on the
PSD permit application submitted under paragraph (b)(1)(xi) or
(b)(1)(xiii) of this section, the authorized distributor must submit a
modified list of participants or a modified list of delivery locations
to the Regional Administrator.
(c) * * *
(1) A vessel or processor retaining prohibited species under the
PSD program must comply with all applicable recordkeeping and reporting
requirements. A vessel or processor participating in the PSD program
must comply with applicable regulations at Secs. 679.7(c)(1) and
679.21(c) that allow for the collection of data and biological sampling
by a NMFS-certified observer prior to processing any salmon under the
PSD program.
(2) Prohibited species retained under the PSD program must be
packaged, and all packages must be labeled with the date of processing,
the name of the processing facility, the contents and the weight of the
fish contained in the package, and the words, ``NMFS PROHIBITED SPECIES
DONATION PROGRAM - NOT FOR SALE - PERISHABLE PRODUCT - KEEP FROZEN''.
(3) A processor retaining or receiving fish under the PSD program
and an authorized distributor must keep on file and make available for
inspection by an authorized officer all documentation, including
receipt and cargo manifests setting forth the origin, weight, and
destination of all prohibited species bycatch. Such documentation must
be retained until 1 year after the effective period of the PSD permit.
(d) * * *
(4) No prohibited species that has been sorted from a vessel's
catch or landing may be retained by a vessel or processor, or delivered
to a delivery location under this section, unless the vessel or
processor and delivery location is included on the list provided to the
Regional Administrator under paragraph (b)(1)(xi), (b)(1)(xiii) or
(b)(3)(v) of this section.
Sec. 679.26 [Amended]
5. In addition to the amendments set forth above, Sec. 679.26 is
amended by making the following nomenclature changes:
a. In paragraphs (b)(1)(vi), (b)(1)(viii), (b)(1)(xi), (d)(1), and
(d)(3), the word ``SDP'' is removed wherever it appears and the phrase
``PSD program'' is added in its place.
b. In paragraphs (b)(2)(i), (b)(3)(i), and (b)(3)(iii) the word
``SDP'' is removed wherever it appears and the word ``PSD'' is added in
its place.
c. In paragraphs (b)(1)(ii), (b)(1)(v), (b)(1)(viii), (b)(1)(xiii),
(b)(2)(ii), (c)(1), (d)(1) and (d)(2) the word ``salmon'' is removed
wherever it appears and the word ``fish'' is added in its place.
d. In paragraph (d)(3), the word ``salmon'' is removed wherever it
appears and the phrase ``prohibited species'' is added in its place.
[FR Doc. 98-15595 Filed 6-11-98; 8:45 am]
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