[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Proposed Rules]
[Pages 63442-63444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30435]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981016290-8260-01; I.D. 090998B]
RIN 0648-AL20


Fisheries of the Exclusive Economic Zone Off Alaska; Vessel 
Moratorium Program

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed rule to implement Amendment 59 to the 
Fishery Management Plan (FMP) for the Groundfish Fishery of the Bering 
Sea and Aleutian Islands Management Area (BSAI), Amendment 57 to the 
FMP for Groundfish of the Gulf of Alaska (GOA), and Amendment 9 to the 
FMP for the Commercial King and Tanner Crab Fisheries in the Bering Sea 
and Aleutian Islands Area submitted by the North Pacific Fishery 
Management Council (Council). These amendments would extend the Vessel 
Moratorium Program (VMP) authorized under the aforementioned FMPs from 
January 1, 1999, through December 31, 1999, with one change. The one 
change would be that after December 31, 1998, no person could apply for 
a new moratorium permit unless the application is based on a moratorium 
qualification that was used as the basis for issuing a moratorium 
permit on or before December 31, 1998. Extension of the VMP from 
January 1, 1999, through December 31, 1999, would prevent a one-year 
hiatus between the current expiration of the VMP on December 31, 1998, 
and the start of fishing under the License Limitation Program (LLP) on 
January 1, 2000.

DATES: Comments on this proposed rule must be received by December 14, 
1998. NMFS invited comments on the amendments themselves through 
November 17, 1998 (63 FR 49892).


[[Page 63443]]


ADDRESSES: Comments should be addressed to Sue Salveson, Assistant 
Regional Administrator for Sustainable Fisheries, Sustainable Fisheries 
Division, Alaska Region, NMFS, 709 West 9th Street, Room 
453, Juneau, AK 99801, or P.O. Box 21668, Juneau, AK 99802, Attention: 
Lori J. Gravel.

FOR FURTHER INFORMATION CONTACT: John Lepore, 907-586-7228

SUPPLEMENTARY INFORMATION:
    The U.S. groundfish fisheries of the GOA and the BSAI in the 
exclusive economic zone (EEZ) are managed by NMFS pursuant to the FMPs 
for groundfish in the respective management areas. The commercial king 
crab and Tanner crab fisheries in the Bering Sea and Aleutian Islands 
are managed by the State of Alaska with Federal oversight, pursuant to 
the FMP for those fisheries. The FMPs were prepared by the Council, 
pursuant to the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act), 16 U.S.C. 1801, et seq., and are 
implemented by regulations at 50 CFR part 679. General regulations at 
50 CFR part 600 also apply.
    NMFS implemented the VMP through regulations effective January 1, 
1996, to impose a temporary moratorium on the entry of new vessels into 
the commercial groundfish fisheries in the EEZ of the GOA and the BSAI 
and the commercial king crab and Tanner crab fisheries in the Bering 
Sea and Aleutian Islands (60 FR 40763, August 10, 1995). The Council 
intended to curtail increases in fishing capacity and provide industry 
stability while measures such as the LLP, recommended by the Council in 
June 1995, were developed by the Council, and if approved, implemented 
by NMFS.
    NMFS approved the LLP on September 12, 1997. However, its 
implementation has required more time than originally anticipated. 
Fishing under the LLP is scheduled to begin on January 1, 2000; 
however, the VMP will expire on December 31, 1998. Unless the VMP is 
extended, a one-year hiatus will occur between the expiration of the 
VMP and the beginning of fishing under the LLP.
    Extension of the VMP requires that the applicable FMPs be amended 
because the FMPs specify an expiration date of January 1, 1999 for the 
VMP. The Council submitted amendments to the applicable FMPs that, if 
approved and implemented by NMFS, would extend the VMP until December 
31, 1999. During its consideration of extending the VMP to avoid a 
hiatus, the Council was concerned about the potential of latent 
capacity entering the affected fisheries if new applications could be 
submitted during the extension. Under the existing VMP, an applicant 
can apply for a new moratorium permit at any time during the VMP. So 
far, approximately 1,900 moratorium permits, out of a potential of 
approximately 3,350, have been issued. If the VMP were extended without 
a restriction on applications, up to 1,450 more moratorium permits 
could be applied for and issued. Therefore, the Council in its 
recommended FMP amendments extending the VMP through December 31, 1999, 
recommended that no person be allowed to apply for a new moratorium 
permit after the current VMP expiration date, December 31, 1998, unless 
the application is based on a moratorium qualification that was used as 
a basis for obtaining a moratorium permit issued on or before that 
date.
    Accordingly, under the proposed rule, an application for a 
moratorium permit received after December 31, 1998, would be denied 
unless the moratorium qualification on which the application is based 
already has been used as a basis for the issuance of a moratorium 
permit.
    To reduce the administrative costs of extending the VMP, the 
proposed rule would extend existing moratorium permits through December 
31, 1999, rather than authorizing the reissuance of new permits with 
the new expiration date. The only new moratorium permits that would be 
issued would be those based on moratorium qualification transfers. 
These new permits would also expire on December 31, 1999.

Classification

    This proposed rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act. OMB approved the collection of 
this information under OMB control number 0648-0213.
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB Control Number.
    Approved under 0648-013--Alaska Region Logbook Family of Forms: The 
estimated time for a vessel owner to complete a moratorium 
qualification is 0.46 hour per response.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    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 proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities for the following reason:
    This action is expected to affect approximately 1,900 moratorium 
permit holders, 1,450 vessels that are moratorium qualified, but for 
which permits have not been issued, and an indeterminate number of 
persons who do not qualify for a license under the upcoming LLP. The 
approximately 1,900 permit holders will benefit from the proposed rule 
in that they will be authorized to continue fishing for one year. This 
positive impact does not trigger a finding of significant economic 
impact for purposes of the Regulatory Flexibility Act (RFA). The 
approximately 1,450 vessels that are moratorium qualified, but for 
which moratorium permits have not been issued, would be affected by 
this action because the opportunity for the vessel's owner to apply for 
a moratorium permit based on the moratorium qualification of that 
vessel will end on December 31, 1998. However, the agency has 
determined that the effect would be negligible because during the 
period of the current VMP (1996 - 1998), moratorium permits were not 
requested for these 1,450 vessels. In any event, these vessels have 
until the currently scheduled expiration of the VMP (i.e., December 31, 
1998) to apply for a permit. Thus, this extension does not limit their 
ability to apply for a permit any more than it would have been limited 
under the status quo. Finally, the indeterminate number of persons who 
will qualify for a license under the LLP, but who do not qualify for a 
moratorium permit, will be precluded from fishing in 1999, unless they 
receive a moratorium qualification transfer from an existing holder. 
Although NMFS cannot determine exactly how many persons are in this 
third category, it believes them to constitute a small number because 
of the limited time in which this situation could have occurred. Most 
persons who may qualify for a license under the LLP also qualified for 
a moratorium permit because the qualifying period for the VMP is 
similar to the general qualification period for the LLP. However, from 
February 10, 1992, through June 27, 1992, or 4.5 months, a person could 
have qualified under the provisions of the LLP without qualifying for a 
moratorium permit. The limited

[[Page 63444]]

time period in which this situation could have occurred (4.5 months) 
indicated that the resulting number of persons affected would not be 
substantial when compared to the universe of affected small entities.
    As a result, a regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: November 9, 1998.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For reasons set out in the preamble, 50 CFR part 679 is proposed to 
be amended to read 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., and 3631 et seq.

    2. In Sec. 679.4, (c) heading and paragraphs (c)(1)(ii), 
(c)(1)(iii)(E), (c)(6) and (c)(7) are revised to read as follows:


Sec. 679.4  Permits.

* * * * *
    (c) Moratorium permits (applicable through December 31, 1999)--(1) 
General.
* * * * *
    (ii) Duration. Notwithstanding the expiration date printed on the 
permit, a moratorium permit is valid through December 31, 1999, unless 
otherwise specified.
    (iii) * * *
    (E) The permit's term indicates an expiration of December 31, 1998, 
or December 31, 1999.
* * * * *
    (6) Application for permit--(i) General. A moratorium permit will 
be issued to the owner of a vessel of the United States if he/she 
submits to the Regional Administrator a complete application that is 
subsequently accepted and approved and if the vessel's LOA does not 
exceed the maximum LOA as specified in Sec. 679.2.
    (ii) Contents of application. A complete application for a 
moratorium permit must include the following information for each 
vessel:
    (A) Name of the vessel, state registration number of the vessel, 
and the USCG documentation number of the vessel, if any;
    (B) Name(s), business address(es), and telephone and fax numbers of 
the owner of the vessel;
    (C) Name of the managing company;
    (D) Valid documentation of the vessel's moratorium qualification, 
if requested by the Regional Administrator due to an absence of 
landings records for the vessel from January 1, 1988, through February 
9, 1992;
    (E) Reliable documentation of the vessel's original qualifying LOA, 
if requested by the Regional Administrator, such as a vessel survey, 
builder's plan, state or Federal registration certificate, fishing 
permit records, or other reliable and probative documents that clearly 
identify the vessel and its LOA, and that are dated before June 24, 
1992;
    (F) Specifications of the fishing gear(s) used from January 1, 
1988, through February 9, 1992, and, if necessary, the fishing gear(s) 
used from February 10, 1992, through December 11, 1994;
    (G) Specification of the vessel as either a catcher vessel or a 
catcher/processor vessel;
    (H) If applicable, transfer authorization if a permit request is 
based on transfer of moratorium qualification pursuant to paragraph 
(c)(9) of this section; and
    (I) Signature of the person who is the owner of the vessel or the 
person who is responsible for representing the vessel owner.
    (iii) An application for a moratorium permit will be denied if it 
is received after December 31, 1998, unless it is based on a moratorium 
qualification for which a moratorium permit has been issued on or 
before December 31, 1998.
    (7) Moratorium qualification.--(i) Qualification by landings. A 
vessel has moratorium qualification if:
    (A) The vessel is an original qualifying vessel based on a legal 
landing of moratorium species between January 1, 1988, and February 9, 
1992;
    (B) The vessel is not a moratorium exempt vessel under paragraph 
(c)(2) of this section;
    (C) The vessel's moratorium qualification has not been transferred; 
and
    (D) A moratorium permit for the vessel's moratorium qualification 
has been issued based on an application submitted on or before December 
31, 1998.
    (ii) Qualification by transfer. A vessel has moratorium 
qualification if:
    (A) The vessel receives a valid moratorium qualification by a 
transfer approved by the Regional Administrator under paragraph (c)(9) 
of this section;
    (B) The vessel is not a moratorium exempt vessel under paragraph 
(c)(2) of this section;
    (C) The moratorium qualification received by transfer has not been 
subsequently transferred; and
    (D) A moratorium permit for the vessel's moratorium qualification 
has been issued based on an application submitted on or before December 
31, 1998.
    (iii) Expiration of moratorium qualification. A vessel's moratorium 
qualification will expire on December 31, 1998, unless a moratorium 
permit has been applied for on or before December 31, 1998, and 
subsequently issued based on that moratorium qualification.
* * * * *
[FR Doc. 98-30435 Filed 11-12-98; 8:45 am]
BILLING CODE 3510-22-F