[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 3510-22-F