[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Notices]
[Pages 66123-66125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31956]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 111398E]


Eligibility To Participate in the 1999 Directed Pollock Fishery 
in the Bering Sea and Aleutian Islands Management Area and Eligibility 
To Be Considered for Disbursement of Funds Pursuant to the American 
Fisheries Act

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

ACTION: Solicitation of applications.

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SUMMARY: NMFS invites owners of vessels that meet the requirements in 
either section 208(b)(8) or (e)(21) of the American Fisheries Act (AFA) 
to apply for eligibility to participate in the offshore directed 
pollock fishery in the Bering Sea and Aleutian Islands Management Area 
(BSAI) after January 1, 1999. Section 208(b)(8) requirements apply to 
catcher vessels that deliver to catcher/processors in the offshore 
component. Section 208(e)(21) requirements apply to catcher/processors 
in the offshore component. Owners of vessels that are not specifically 
named in section 208(b) or (e) must apply to participate in the 
offshore directed pollock fishery in the BSAI after January 1, 1999.
    NMFS also invites owners of vessels that meet the requirements in 
either section 207(d)(2)(A) or (B) to apply for consideration of the 
disbursement of funds. If a contract for a cooperative pursuant to 
section 210(a) is filed by vessels listed in section 208(e), then 
vessels listed in section 208(e)(10) through (14) will receive the 
disbursement of funds. However, if no such contract is under section 
208(b) or 208(e)(1) through (20) that provide applications will be 
considered for the disbursement of funds.
    Vessel owners may use a single application for both purposes; 
however, applications for the disbursement of funds must be received by 
NMFS prior to December 15, 1998. This action is necessary to meet the 
statutory deadline of December 31, 1998, specified in the AFA and is 
intended to meet the objectives of the U.S. Congress for vessels 
participating in the directed pollock fishery in the BSAI.

DATES: Effective November 25, 1998.

ADDRESSES: Applications should be addressed to Philip J. Smith, 
Administrator, Restricted Access Management, Alaska Region. NMFS, 709 
West 9th Street, Room 453, Juneau, AK 99801, or P.O. Box 21668, Juneau, 
AK 99802. Copies of the relevant portions of the AFA also are available 
at the above address. Comments regarding the collection of information 
burden can be sent to the above address and to the Office of Management 
and Budget, Office of Information and Regulatory Affairs, Washington, 
DC 20503, Attention: NOAA Desk Officer.

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

SUPPLEMENTARY INFORMATION:

1. General Information

    The AFA, Pub. L. 105-277, was signed into law on October 21, 1998. 
Section 208 of the AFA specifies which vessels and processors are 
eligible to harvest pollock in the directed pollock fishery in the 
BSAI, either by directly naming the eligible vessels or processors, or 
by providing criteria to determine eligibility. Section 208(h) provides 
that in the event that the Secretary of Commerce (Secretary) is unable 
to make a final determination about the eligibility of a vessel under 
section 208(b)(8) or (e)(21) before January 1, 1999, such vessels, upon 
the filing of an application asserting eligibility, shall be eligible 
to participate in the directed pollock fishery in the BSAI pending a 
final determination by the Secretary.

2. Eligibility Under Section 208(b)(8) To Participate in the 
Directed Pollock Fishery in the BSAI

    Section 208(b)(8) sets out three requirements that must be met by 
catcher vessels not specifically named in section 208(b)(1) through (7) 
in order for those vessels to deliver to catcher/processor vessels fish 
harvested in the directed pollock fishery after January 1, 1999. First, 
a catcher vessel must have delivered at least 250 metric tons (mt) of 
pollock in the directed pollock fishery in 1997. Second, at least 75 
percent of the pollock harvested by a catcher vessel must have been 
delivered to a catcher/processor for processing by the offshore 
component. Third, a catcher vessel must be eligible to harvest pollock 
in the directed pollock fishery under the License Limitation Program 
(LLP) (63 FR 52642, October 1,

[[Page 66124]]

1998). For purposes of this action, a catcher vessel means a vessel 
that is used for harvesting fish and that does not process pollock 
onboard.

3. Eligibility Under Section 208(e)(21) To Participate in the 
Directed Pollock Fishery in the BSAI

    Section 208(e)(21) sets out two requirements that must be met by 
catcher/processors not specifically named in section 208(e) for those 
vessels to participate in the directed pollock fishery after January 1, 
1999. First, a catcher/processor must have harvested more than 2,000 mt 
of the pollock in the 1997 directed pollock fishery. Second, a catcher/
processor must be eligible to harvest pollock in the directed pollock 
fishery under the LLP. Catcher/processors determined to be eligible 
under section 208(e)(21) will be prohibited from harvesting more than 
one-half of one percent of the pollock apportioned to the offshore 
component by section 206(b)(2). For purposes of this action, a catcher/
processor means a vessel that is used for harvesting fish and 
processing that fish.

4. Temporary Eligibility To Participate in the Directed Pollock 
Fishery in the BSAI

    Although the potential exists for NMFS, on behalf of the Secretary, 
to determine eligibility for catcher vessels based on the first two 
requirements in section 208(b)(8) and for catcher/processor vessels 
based on the first requirement in section 208(e)(21) by January 1, 
1999, NMFS cannot determine the requirement of eligibility under the 
LLP until applications for the LLP are solicited and eligibility for 
that program is determined. NMFS anticipates that will not occur until 
late 1999. Because eligibility for the LLP cannot be determined before 
January 1, 1999, owners of vessels that qualify under section 208(b)(8) 
or (e)(21) will need to submit an application asserting eligibility to 
participate in the directed pollock fishery, as provided in section 
208(h). If NMFS determines, based on a submitted application that a 
vessel does not meet the first two requirements in section 208(b)(8) or 
the first requirement in section 208(e)(21), an initial administrative 
determination (IAD) will be issued denying eligibility to participate 
in the 1999 directed pollock fishery in the BSAI. An applicant can 
appeal that IAD under 50 CFR 679.43.

5. Disbursement of Funds to Eligible Vessels

    Section 207(d)(2) of the AFA provides that the Secretary shall pay 
by December 31, 1998, $5,000,000 to the owners of the catcher vessels 
eligible under section 208(b) and the catcher/processors eligible under 
section 208(e)(1) through (20), if a contract for a cooperative has not 
been filed by that date. This payment will be divided among the 
owner(s) of catcher vessels named in section 208(b)(1) through (7), 
catcher vessels for which an application has been submitted for 
eligibility under section 208(b)(8), and catcher/processor vessels 
named in section 208(e)(1) through (20). This apportionment will be 
based on the proportional amount of pollock harvested by each of these 
vessels in the 1997 directed pollock fishery minus any obligation to 
the Federal government that has not been satisfied by the owner(s) of 
any such vessels. If a contract for a cooperative is filed, only the 
named vessels in section 208(e)(10) through (14) will receive the 
disbursement.
    To provide NMFS with time to meet the statutory deadline for the 
$5,000,000 disbursement, applications from owners of vessels that are 
eligible under section 207(d)(2) must be received by December 15, 1998, 
to be considered for the disbursement. Regardless of the status of the 
cooperative, the applications from owners of vessels that meet the 
requirements of section 208(b)(8) will be used to establish eligibility 
to participate in the 1999 directed pollock fishery.

6. Application Table

    The following table provides a quick reference for who should 
apply.

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Owners of the category of vessels set out below must
             apply if they wish to . . .                   . . . Fish in 1999          . . . Receive payments
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Catcher Vessels named in sections 208(b)(1) through   NO..........................  YES \1\
 (7).
Catcher Vessels eligible based on criteria in         YES.........................  YES \1\
 sections 208(b)(8).
Catcher/processor vessels named in sections           NO..........................  YES \2\
 208(e)(1) through (20).
Catcher/processor vessels eligible based on criteria  YES.........................  N/A
 in section 208(e)(21).
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\1\ Will receive payment only if no contract has been filed under section 210(a).
\2\ If contract is filed under section 210(a), only vessels listed in section 208(e)(10) through (14) will
  receive payment. If contract is not filed under section 210(a), $5,000,000 will be divided among vessels that
  are eligible under sections 208(b) and (e)(1) through (20) based on the amount of harvest of pollock in the
  directed pollock fishery by each such vessel in 1997 in such a manner as the Secretary deems appropriate.

7. Application Information

    Applications must be submitted to NMFS (see ADDRESSES). 
Applications for payments under section 207(d)(2) must be received by 
December 15, 1998, to be considered for disbursement. Applications 
submitted to NMFS must contain: (1) the name of the vessel; (2) the 
owner(s) of the vessel; (3) the business address(es) and telephone and 
FAX number(s) of owner(s); (4) the section of the AFA under which the 
vessel is eligible to participate; (5) the amount of pollock harvested 
in the directed pollock fishery in the BSAI in 1997; and (6) evidence 
supporting the amount of pollock harvested in the directed pollock 
fishery in the BSAI in 1997. NMFS will review applications submitted 
pursuant to section 208(h) and will issue temporary permits so that 
vessels may participate in the 1999 directed pollock fishery pending a 
final determination of eligibility.

8. Eligibility Determination

    Eligibility to participate in the directed pollock fishery pursuant 
to AFA does not confer any right of compensation, monetary or 
otherwise, to the owners of vessels named specifically in the AFA or 
owners who submit applications. When NMFS is able to determine the 
status of vessels under the LLP, the privilege to participate in the 
directed pollock fishery will be revoked if a vessel is not eligible to 
participate based on the requirements of the LLP.

9. Paperwork Reduction Act Requirements

    Notwithstanding any other provisions of the law, no person is 
required to respond to, nor shall any person be subject to a 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.
    This notice contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA) and which has been 
approved by OMB under control number 0648-0366. Public reporting burden 
for this

[[Page 66125]]

collection of information is estimated to average 2 hours 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. Send comments regarding this 
burden estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS and OMB (see ADDRESSES)

    Authority: Title II, Pub. L. 105-277.

    Dated: November 25, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-31956 Filed 11-25-98; 3:05 pm]
BILLING CODE 3510-22-P