[Federal Register Volume 64, Number 25 (Monday, February 8, 1999)]
[Proposed Rules]
[Pages 6025-6032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2796]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981221311-8311-01; I.D. 113098C]
RIN 0648-AL21


Fisheries of the Exclusive Economic Zone Off Alaska; Western 
Alaska Community Development Quota Program

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


[[Page 6026]]


ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes amendments to the regulations governing the 
Western Alaska Community Development Quota (CDQ) Program. The proposed 
amendments would define how halibut CDQ fishing would be managed in 
1999 and thereafter; remove or revise regulations governing groundfish 
and halibut CDQ fishing consistent with the combination of the 
management regimes for the fixed gear halibut and sablefish CDQ 
fisheries, the pollock CDQ fisheries, and the multispecies (MS) 
groundfish CDQ fisheries starting in fishing year 1999; and make 
miscellaneous technical and editorial revisions. This proposed action 
is intended to further the objectives of the Fishery Management Plan 
for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area 
(FMP).

DATES: Comments must be received at the following address by March 10, 
1999.

ADDRESSES: Comments should be sent to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel, or delivered to 
the Federal Building, 709 West 9th Street, Juneau, AK. Copies of the 
Environmental Assessment/Regulatory Impact Review/Initial Regulatory 
Flexibility Analysis (EA/RIR/IRFA) prepared for this action may be 
obtained from the same address or by calling the Alaska Region, NMFS, 
at 907-586-7228. Send comments on collection-of-information 
requirements to the above address and to the Office of Information and 
Regulatory Affairs (OIRA), Office of Management and Budget (OMB), 
Washington, DC 20503 (Attn: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Sally Bibb, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Management Background and Need for Action

    NMFS manages fishing for groundfish by U.S. vessels in the 
exclusive economic zone of the Bering Sea and Aleutian Islands 
management area (BSAI) according to the FMP. The North Pacific Fishery 
Management Council (Council) prepared the FMP under authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). Regulations governing fishing by U.S. vessels and 
implementing the FMP appear at 50 CFR parts 600 and 679.
    For the 1998 fishing year, four separate CDQ fisheries existed 
under current regulations: (1) The fixed gear halibut and sablefish CDQ 
fisheries; (2) the pollock CDQ fisheries; (3) the multispecies (MS) 
groundfish CDQ fisheries; and (4) the crab CDQ fisheries.
    NMFS published a final rule implementing the administrative and 
catch monitoring requirements for the MS groundfish CDQ fisheries under 
Amendment 39 to the BSAI FMP in the Federal Register on June 4, 1998 
(63 FR 30381). That rule establishes a single management program for 
the fixed gear sablefish CDQ fisheries, the pollock CDQ fisheries, and 
the MS groundfish CDQ starting in 1999. Regulatory amendments are 
necessary to remove or revise sections of the regulations that govern 
the separate CDQ fisheries in 1998, and to further define how the 
halibut CDQ fisheries will be managed in 1999 and thereafter. The crab 
CDQ fisheries will continue to be managed as separate CDQ fisheries by 
the State of Alaska.
    The proposed regulatory amendments fall into three categories: (1) 
Those governing vessels used to harvest halibut CDQ and the processors 
or registered buyers taking deliveries from these vessels; (2) those 
removing or revising sections of the regulations governing the fixed 
gear sablefish CDQ fishery in 1998; and (3) those executing other 
miscellaneous technical or editorial revisions to the MS groundfish CDQ 
regulations.

Management of the Halibut CDQ Fisheries

    NMFS established the fixed gear halibut and sablefish CDQ fisheries 
with the fixed gear halibut and sablefish Individual Fishing Quota 
(IFQ) Program. The IFQ regulations provide for the reporting of halibut 
and sablefish CDQ caught with fixed gear through the end of 1998. As 
the recipients of annual allocations, CDQ groups were required to 
obtain a CDQ permit from NMFS. Each individual who landed fixed gear 
halibut or sablefish CDQ was required to have a NMFS-issued CDQ card 
and to telephone NMFS to provide 6 hours prior notice of landing. 
Registered buyers were required to report CDQ landings to NMFS using 
the electronic reporting system and transaction terminals.
    In the proposed rule to implement Amendment 39 to the FMP, NMFS 
proposed to consolidate all of the CDQ fisheries under one set of 
monitoring and catch accounting regulations to implement the Council's 
and NMFS's intent that all catch in the groundfish and halibut CDQ 
fisheries be accounted for by CDQ allocations (62 FR 43865, August 15, 
1997). Although NMFS proposed different observer coverage, equipment, 
and reporting requirements for different size and gear type vessels, no 
distinction was made between the requirements for vessels of the same 
size fishing in the halibut CDQ fisheries versus fishing in the 
groundfish CDQ fisheries.
    Public comment on the proposed rule stated that the proposed 
regulations combining vessels and processors participating in the 
groundfish and halibut CDQ fisheries under one set of regulations were 
burdensome for participants in the halibut CDQ fishery, did not 
consider the differences between the groundfish fisheries and the 
halibut fisheries, and had information collection requirements not 
worth the additional effort and cost to the CDQ participants or NMFS. 
Specifically, requirements for CDQ observers in shoreside processors 
taking deliveries of halibut CDQ, retention and delivery of all 
groundfish CDQ species by small vessels, CDQ check-in/check-out reports 
for all vessels, and weekly summaries of the catch by all vessels were 
not considered necessary for the halibut CDQ fisheries.
     Due to the large number of persuasive public comments that halibut 
CDQ fisheries are inherently different from other CDQ fisheries, NMFS 
did not implement many of the MS CDQ requirements for the halibut CDQ 
fisheries in the final rule. NMFS agreed that differences exist between 
the small vessel halibut CDQ fisheries and the other groundfish CDQ 
fisheries, including fixed gear sablefish. In 1997, 1,884,000 lb (854 
mt) of halibut CDQ was allocated to six CDQ groups. At least 75 percent 
of the 1997 catch was landed by small boats and skiffs under 32 ft 
(9.73 m) length overall (LOA) at about 10 small shoreside processors or 
at buying stations in Western Alaska villages. These processors did not 
submit other landing reports to NMFS and were not required to have 
observer coverage. In contrast, NMFS expects that most of the 
groundfish CDQ will be harvested by catcher/processors or large catcher 
vessels delivering to groundfish shoreside processing plants located in 
relatively large ports.
    Based on the public comment on the proposed rule, and on 
recommendations made by the Council at its October 1998 meeting, NMFS 
is proposing the following revisions for management of halibut CDQ in 
1999 and thereafter:
    A. Remove the definition of ``fixed gear sablefish and halibut CDQ 
fishing.''
    B. Add a new definition for ``halibut CDQ fishing'' to mean fishing 
that results in the landing of halibut CDQ in a delivery by a catcher 
vessel or a set by

[[Page 6027]]

a catcher/processor in which the following conditions are met:
    (1) Retained halibut CDQ represents the largest proportion of the 
catch by weight, and
    (2) The weight of other retained groundfish does not exceed the 
maximum retainable bycatch amounts for each groundfish species or 
species group.
    C. Remove the requirement at Sec. 679.30(a)(5) to list in the 
Community Development Plan (CDP), halibut CDQ cardholders, vessels less 
than 60 ft (18.3 m) LOA that land groundfish harvested while halibut 
CDQ fishing, and processors or registered buyers who purchase halibut 
CDQ or groundfish harvested while halibut CDQ fishing from vessels less 
than 60 ft (18.3 m) LOA. Listing these entities in the CDP is not 
necessary because this information is available from the Restricted 
Access Management Division.
    D. Revise the prohibition at Sec. 679.7(d)(11) to clarify that 
catcher vessels less than 60 ft (18.3 m) LOA are not prohibited from 
discarding groundfish while halibut CDQ fishing, unless they are 
required to retain these fish under improved retention/utilization 
requirements. NMFS notes that Sec. 679.7(f)(8), prohibits discarding 
Pacific cod and rockfish while IFQ halibut or IFQ sablefish are 
onboard, but does not prohibit this discard when CDQ halibut or CDQ 
sablefish are onboard.
    E. Maintain a separate paragraph (f) in Sec. 679.32 for halibut CDQ 
fishing that would:
    (1) Require that the IFQ regulations would continue to govern the 
permitting, harvesting and landing of halibut CDQ.
    (2) Require vessels harvesting halibut CDQ while groundfish CDQ 
fishing, as defined at Sec. 679.2, to comply with all requirements for 
the MS groundfish CDQ fisheries with respect to their catch of 
groundfish CDQ.
    (3) Require the shoreside processor to report on the CDQ delivery 
report and the CDQ group to report on the CDQ catch report, all 
groundfish CDQ harvested by vessels equal to or greater than 60 ft 
(18.3 m) LOA while halibut CDQ fishing. This groundfish CDQ would be 
subtracted from the CDQ groups' CDQ amounts for these species. 
    Shoreside processors would be required to report all groundfish, 
landed by vessels halibut CDQ fishing, to NMFS on logbooks and weekly 
production reports. They also would be required to report these 
landings to the State of Alaska on fish tickets. However, groundfish 
retained by catcher vessels less than 60 ft (18.3 m) LOA that are 
halibut CDQ fishing would not accrue against the CDQ groups' groundfish 
CDQs. Accounting for this incidental groundfish catch under the MS 
groundfish CDQs would require that shoreside processors or registered 
buyers taking deliveries of incidentally caught groundfish with a 
halibut CDQ delivery, fill out the IFQ/CDQ landings report (for the 
halibut CDQ) and a CDQ delivery report (for the groundfish CDQ). NMFS 
believes that the cost of requiring the submission of CDQ delivery 
reports from deliveries by catcher vessels less than 60 ft (18.3 m) 
LOA, to both the industry and NMFS, would exceed the benefits that 
would be gained by tracking what is expected to be small amounts of 
retained groundfish. In addition, allowing this incidental catch of 
groundfish to accrue against the non-CDQ total allowable catch (TAC) 
specifications is not expected to reduce the non-CDQ directed fisheries 
for the bycatch species.
    F. Shoreside processors taking deliveries from catcher vessels less 
than 60 ft (18.3 m) LOA that met the definition of halibut CDQ fishing 
would not be required to have a CDQ observer to monitor those halibut 
CDQ deliveries. However, these shoreside processors would be required 
to comply with the general groundfish observer coverage requirements in 
Sec. 679.50 that apply to all shoreside processors with a Federal 
processor permit.
    This action proposes catch accounting regulations for operators of 
vessels less than 60 ft (18.3 m) LOA and halibut CDQ fishing, that are 
distinct from the catch accounting regulations for the same vessels if 
they are groundfish CDQ fishing. Specifically, if these vessel 
operators are halibut CDQ fishing they would not be required to retain 
all groundfish and deliver it to a shoreside processor, and their 
groundfish bycatch would not accrue against the groundfish CDQs. 
Shoreside processors taking deliveries from these vessels would not be 
required to have CDQ observers to monitor CDQ deliveries.
    Under this proposed rule, the same catch accounting requirements 
would apply to operators of catcher vessels equal to or greater than 60 
ft (18.3 m) LOA and catcher/processors while halibut CDQ fishing as 
would apply to the operators of the same vessels while groundfish CDQ 
fishing. This would include the accrual of all groundfish CDQ catch 
against the CDQ group's groundfish CDQ allocations, and the requirement 
to carry CDQ observers (one for catcher vessels and two for catcher/
processors) in order to monitor and verify their catch of groundfish 
CDQ species that accrue to the MS groundfish CDQs. In addition, catcher 
vessels equal to or greater than 60 ft (18.3 m) LOA would be required 
to notify NMFS in the CDP whether they were going to (1) retain and 
deliver all groundfish CDQ species to a shoreside processor (Option 1 
under Sec. 679.32(c)(2)(ii)(A)), or (2) discard some groundfish CDQ 
species at sea (Option 2 under Sec. 679.32(c)(2)(ii)(B)), in which case 
the owner or operator of the catcher vessel must provide an observer 
sampling station that complies with the requirements of Sec. 679.28(d). 
Finally, shoreside processors would be required to have deliveries by 
catcher vessels equal to or greater than 60 ft (18.3 m) LOA monitored 
by a CDQ observer at the shoreside processor.
    The proposed rule would revise Sec. 679.32(a) and (c) to require 
vessels equal to or greater than 60 ft (18.3 m) LOA that are halibut 
CDQ fishing to comply with requirements necessary to account for their 
bycatch of groundfish CDQ.

Management of the Sablefish CDQ Fisheries in 1999 and Thereafter

    No significant changes are proposed to the regulations for 
management of the catch of sablefish CDQ using fixed gear. However, 
NMFS is proposing to remove regulations that expired on December 31, 
1998, and to add a prohibition against discarding sablefish caught with 
fixed gear (discussed below under Proposed Technical and Editorial 
Revisions).
    The following description of the management of the sablefish CDQ 
fisheries in 1999 and thereafter is presented for clarification for CDQ 
groups, vessel operators, and processors who will be making a 
transition from the fixed gear halibut and sablefish CDQ fisheries 
managed under the IFQ regulations in 1998.
    Under the final rule implementing Amendment 39 to the FMP (63 FR 
30381, June 4, 1998), all operators of vessels harvesting sablefish CDQ 
and all processors taking deliveries of sablefish CDQ after December 
31, 1998, are required to comply with the MS groundfish CDQ 
requirements in Sec. 679.32. Sablefish CDQ will no longer be reported 
under the IFQ program requirements. CDQ groups will no longer be 
required to obtain sablefish CDQ permits, and individuals will no 
longer be required to obtain sablefish CDQ cards to harvest sablefish 
CDQ or to deliver sablefish CDQ to registered buyers. No prior notice 
of landings, or landings report will be submitted to NMFS. There will 
no longer be a requirement to report sablefish CDQ on

[[Page 6028]]

Shipment Reports. Vessels harvesting sablefish CDQ will be required to 
carry CDQ observers if they are catcher/processors or catcher vessels 
equal to or greater than 60 ft (18.3 m) LOA. Shoreside processors will 
be required to have deliveries from vessels groundfish CDQ fishing 
observed by a CDQ observer. All groundfish CDQ catch, including 
sablefish CDQ, must be reported on the CDQ delivery report and CDQ 
catch report and will accrue against a CDQ group's allocation. 
Estimates based on observer data will be used to determine the catch of 
all CDQ and prohibited species quota (PSQ) species (including sablefish 
CDQ) on all catcher/processors and on any catcher vessel using non-
trawl gear and electing to discard groundfish CDQ species at sea (see 
Sec. 679.32(d)(2)(iv)(B), Option 2).
    Two sablefish CDQ reserves currently exist. The ``fixed gear 
sablefish CDQ reserve'', established in 1995 under Amendment 15 to the 
FMP, consists of 20 percent of the fixed gear allocation of the 
sablefish TAC (see Sec. 679.20(b)(1)(iii)(B)) and may be harvested only 
with fixed gear. With implementation of the MS groundfish CDQ reserves 
in 1998, 7.5 percent of the trawl allocation of the sablefish TAC also 
was allocated to the CDQ program as the ``sablefish CDQ reserve''; 
however, no gear restriction was implemented for this CDQ reserve. 
Therefore, while only fixed gear may be used to harvest the fixed gear 
sablefish CDQ reserve, any legal gear may be used to harvest the 
sablefish CDQ reserve.
    Current regulations at Sec. 679.23(e)(3) specify that fishing for 
halibut and sablefish CDQ with fixed gear may occur only during the IFQ 
fishing season, which in 1998, was between March 15 and November 15. 
This requirement was implemented under the fixed gear halibut and 
sablefish IFQ and CDQ programs, and no changes to these seasons were 
implemented under the MS groundfish CDQ program or are proposed to be 
implemented in this proposed rule.
    Between January 1 and the start of the IFQ fishing season, and 
between the end of the IFQ fishing season and December 31, sablefish 
CDQ may be retained, but the retained catch weight of sablefish CDQ 
must not exceed the maximum retainable bycatch amounts specified under 
Sec. 679.20(d)(1)(iii). In addition, under current regulations 
governing the annual establishment of groundfish specifications, no 
sablefish is allocated to the fixed gear sablefish CDQ reserve until 
the BSAI specifications are final. Therefore, under current 
regulations, any sablefish harvested with fixed gear prior to the date 
the BSAI groundfish specifications become final will accrue against the 
sablefish CDQ reserve (non-gear specific reserve). After the BSAI 
specifications become final, any catch of sablefish with fixed gear 
first accrues against the CDQ group's fixed gear sablefish reserve. 
Once the fixed gear sablefish CDQ reserve has been harvested, any catch 
of sablefish CDQ with fixed gear will accrue against the non-gear 
specific sablefish CDQ reserve. Catch of sablefish CDQ with trawl gear 
will accrue only to the non-gear specific sablefish CDQ reserve.

Fishing IFQ and CDQ Together

    NMFS proposes to revise Sec. 679.7(d)(15) to remove the prohibition 
against catching IFQ and CDQ species together in the same set. NMFS has 
revised observer data collection forms and procedures to allow the 
harvest of IFQ and CDQ together in the same set. Therefore, this 
prohibition is no longer necessary. This proposed rule would require 
that IFQ species and halibut CDQ be reported to NMFS under the IFQ 
regulations, as discussed in a previous section.

Other Proposed Technical and Editorial Revisions

    In addition to the regulatory amendments discussed in the 
preceeding text, the proposed rule would also:
    A. Correct a cross reference error in the definition of 
``Prohibited species quota PSQ''.
    B. Remove the reference in Sec. 679.7(d)(4) to ``halibut CDQ'' so 
that vessels less than 60 ft (18.3 m) LOA harvesting only halibut CDQ 
are not required to be listed in the CDP.
    C. Clarify that the prohibition at Sec. 679.7(d)(11) against 
discarding groundfish CDQ species applies only to vessels groundfish 
CDQ fishing and not to vessels halibut CDQ fishing.
    D. Consolidate the prohibitions at Sec. 679.7(d)(19) and (d)(20) 
addressing requirements for catcher/processors using trawl gear and 
motherships to weigh total catch and to conduct daily tests of the 
scale used to weigh catch at sea.
    E. Remove the prohibition at Sec. 679.7(d)(22), which addresses the 
use of certified bins in the pollock CDQ fisheries. This prohibition is 
not necessary in 1999 and thereafter because all catcher/processors and 
motherships harvesting pollock CDQ will be required to weigh all CDQ 
catch on a scale. Volumetric estimates made by observers using 
certified bins will no longer be allowed.
    F. Remove the prohibition in paragraph Sec. 679.7(d)(26), which 
addresses legal gear for halibut, because this prohibition is 
redundant. Regulations issued by the International Pacific Halibut 
Commission define legal gear for halibut fishing.
    G. Add a prohibition at newly redesignated Sec. 679.7(d)(24) 
against discarding sablefish CDQ harvested with fixed gear. This 
prohibition is required under the FMP for both IFQ and CDQ sablefish, 
but had not been previously included in the CDQ prohibitions.
    H. Revise Sec. 679.7(f), the prohibitions for the IFQ fisheries, to 
clarify which of these prohibitions also apply to halibut CDQ. NMFS is 
proposing to require that the prohibitions in paragraphs (f)(3), 
(f)(5), (f)(6), and (f)(10) apply to halibut CDQ as well as to halibut 
and sablefish IFQ. This proposed rule would revise paragraph (f)(3) to 
clarify that sablefish CDQ may be retained without an IFQ or CDQ permit 
or card by vessels fishing for a CDQ group with available sablefish 
CDQ.
    I. Correct a cross reference error in Sec. 679.21(e)(2)(ii).
    J. Correct a paragraph numbering error in Sec. 679.23(e)(3). The 
final rule published on June 4, 1998 (63 FR 30381), added paragraph 
(e)(3)(iv); however, there is no paragraph (e)(3)(iii), so the 
paragraph (e)(3)(iv) would be redesignated as paragraph (e)(3)(iii). In 
addition, a portion of the last sentence of this paragraph that 
addressed the season starting date for the 1998 MS groundfish fisheries 
would be removed.
    K. Correct an error in Sec. 679.30(a)(5)(i)(A)(2)(ii) by removing 
pots as a gear that is included under ``hook-and-line'' gear.
    L. Remove Sec. 679.31(d)(3) that referenced the 1998 crab CDQ 
reserve allocation that states ``(3) For calendar year 1998 (applicable 
through December 31, 1998), 3.5 percent''.
    M. Remove Sec. 679.31(f) that provided the authority to reallocate 
CDQ and PSQ in 1998. This paragraph expired on December 31, 1998.
    N. In Sec. 679.32, remove paragraphs (a)(2) and (a)(3) which 
expired on December 31, 1998.

Classification

    This proposed rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA). OMB approved the proposed 
collection of information about halibut CDQ (50 CFR 679.32(e)) under 
OMB control number 0648-0272 (the halibut and sablefish IFQ program).
    OMB has approved the collection of information associated with the 
Community Development Plans (50 CFR

[[Page 6029]]

Sec. 679.30) under OMB control numbers 0648-0269. This proposed rule 
would reduce some of the approved requirements for vessels less than 60 
ft LOA while halibut CDQ fishing and for shoreside processors taking 
deliveries from these vessels.
    Additions to the collection of information approved under OMB 
control number 0648-0269 (the CDQ program) that would be made by this 
rulemaking have been submitted to OMB for review and approval. No new 
forms are proposed with this rulemaking.
    This proposed rule would require vessels equal to or greater than 
60 ft (18.3 m) LOA to comply with the reporting requirements for the 
groundfish CDQ program while they are halibut CDQ fishing. The only new 
information collection that would apply to the owners or operators of 
the catcher vessels would be the requirement to provide an observer 
sampling station if they elected in their CDP to discard groundfish CDQ 
species at sea. Shoreside processors taking deliveries of groundfish 
CDQ from catcher vessels equal to or greater than 60 ft (18.3 m) LOA 
that had been halibut CDQ fishing would be required to notify the CDQ 
observer in the plant prior to delivery of CDQ groundfish, to print and 
retain the scale print-outs, and to report all groundfish CDQ in a CDQ 
delivery report. The CDQ group would be required to report any 
groundfish CDQ caught by vessels equal to or greater than 60 ft (18.3 
m) LOA on a CDQ catch report.
    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 PRA unless that collection of information displays a currently 
valid OMB control number.
    The estimated time for the owner of a catcher vessel to submit a 
request for an observer sampling station inspection and to maintain a 
copy of the observer sampling station inspection report on the vessel 
is 2 hours; the estimated time for the shoreside processor to print and 
retain the scale print-out is 15 minutes; the estimated time for the 
shoreside processor to notify the CDQ observer prior to the delivery of 
CDQ catch is 2 minutes; the estimated time for a shoreside processor to 
complete the CDQ delivery report is one hour; and the estimated time 
for the CDQ group to complete the CDQ catch report is 15 minutes.
    The estimated response times include the time needed to review 
instructions, search existing data sources, gather and maintain the 
data needed, and complete and review the collection of information.
    Public comment is sought regarding whether the proposed collection 
of information is necessary for the proper performance of the function 
of the agency, including whether the information has practical utility; 
the accuracy of the burden estimate; ways to enhance the quality, 
utility, and clarity of the information to be collected; and ways to 
minimize the burden of the collection of information, including the use 
of automated collection techniques or other forms of information 
technology.
    Send comments regarding the burden estimates or any other aspect of 
this collection of information, including suggestions for reducing the 
burden, to NMFS and to OIRA, OMB (see ADDRESSES).
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    NMFS prepared an IRFA that describes the impact this proposed rule, 
if adopted, would have on small entities. A copy of this analysis is 
available from NMFS (see ADDRESSES). The preamble to this proposed rule 
supplements that IRFA. The analysis made the following conclusions with 
respect to impacts on small entities.
    All of the participants in the halibut CDQ fisheries are small 
entities, including the approximately 250 fishing vessel owners or 
operators who harvest halibut CDQ, the approximately 20 registered 
buyers who purchase halibut CDQ, the six CDQ groups who are allocated 
halibut CDQ, and the 56 western Alaska communities that are eligible 
for the CDQ program. All of these small entities incur some economic 
impact due to an increase in annual compliance costs as a result of 
recordkeeping and reporting requirements. For example, this proposed 
rule would require the CDQ groups to incur costs associated with 
obtaining CDQ permits and submitting the CDQ catch reports. It would 
also require vessel operators and registered buyers to incur costs 
associated with CDQ landings reports as well as the requirement that 
owners or operators of vessel equal to or greater than 60 ft (18.3 m) 
LOA incur costs associated with the requirement to carry a CDQ 
observer.
    NMFS has determined that a regulation has a significant economic 
impact for the purposes of the Regulatory Flexibility Act (RFA) if it 
is likely to result in more than a 5-percent decrease in annual gross 
revenues; annual compliance costs (e.g., annualized capital, operating, 
reporting) that increase total costs of production by more than 5 
percent; compliance costs as a percent of sales that are 10 or more 
percent higher for small entities than compliance costs for large 
entities; capital costs of compliance that represent a significant 
portion of capital available to small entities, considering internal 
cash flow and external financing capabilities; or is likely to result 
in 2 or more percent of the small entities affected being forced to 
cease business operations.
    NMFS believes that the proposed action will not reach these 
thresholds. However, the agency does not currently have sufficient 
information about the operating and production costs of the potentially 
affected small entities. Therefore, NMFS determines that the preferred 
alternative may have a significant impact on a substantial number of 
small entities and has provided the requisite analytical information 
required for an IRFA.
    NMFS considered the alternative of allowing current regulations to 
expire on December 31, 1998, which would result in no regulations 
governing the permitting, catching, recordkeeping, reporting, and 
monitoring of halibut CDQ catch. While this alternative may appear to 
minimize the economic impact of the proposed rule on small entities, it 
is not consistent with NMFS's fisheries management objectives and 
obligations under the Magnuson-Stevens Act and the North Pacific 
Halibut Act. Furthermore, it would not be supported by the fishing 
industry, the CDQ groups, the State of Alaska, or the International 
Pacific Halibut Commission, all of whom have an interest in the 
collection of catch data to manage the halibut CDQ fisheries.
    The proposed rule would satisfy NMFS's fisheries management 
obligations in a manner consistent with the RFA by removing some 
requirements and compliance costs for small entities. Specifically, it 
would remove the requirement that the CDQ groups (1) list vessels less 
than 60 ft (18.3 m) LOA that conduct halibut CDQ fishing only, and the 
processors taking deliveries of CDQ only from these vessels in their 
CDPs, and (2) submit technical amendments to their CDPs to add or 
remove these vessels and processors. It would also remove the 
requirement for observers in shoreside processing plants that take 
deliveries from vessels less than 60 feet (18.3 m) LOA who have been 
halibut CDQ fishing.
    The President has directed Federal agencies to use plain language 
in their communications with the public,

[[Page 6030]]

including regulations. To comply with that directive, we seek public 
comment on any ambiguity or unnecessary complexity arising from the 
language used in this proposed rule.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: February 1, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 679 is 
proposed to be amended 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. 679.2, the definition for ``Fixed gear sablefish and 
halibut CDQ fishing (applicable through December 31, 1998)'' is 
removed; the definition for ``Prohibited species quota (PSQ)'' is 
revised; and the definition for ``Halibut CDQ fishing'' is added in 
alphabetical order to read as follows:


Sec. 679.2  Definitions.

* * * * *
    Halibut CDQ fishing means fishing that results in a delivery by a 
catcher vessel or a set by a catcher/processor in which the following 
conditions are met:
    (1) Retained halibut CDQ represents the largest proportion of the 
retained catch in round weight equivalent, and
    (2) The round weight equivalent of other retained groundfish does 
not exceed the maximum retainable bycatch amounts for these species or 
species groups as established in Sec. 679.20(e) and (f).
* * * * *
    Prohibited species quota (PSQ) means the amount of a prohibited 
species catch limit established under Sec. 679.21(e)(1) and (e)(2) that 
is allocated to the groundfish CDQ program under Sec. 679.21(e)(1)(i) 
and (e)(2)(ii).
* * * * *
    3. In Sec. 679.7, paragraphs (d)(4), (d)(11), (d)(15), (d)(19) 
through (d)(24), and paragraphs (f)(3), (f)(5), (f)(6), and (f)(10) are 
revised; paragraphs (d)(25) and (d)(26) are removed; paragraphs (d)(27) 
and (d)(28) are redesignated as (d)(25) and (d)(26) respectively.


Sec. 679.7  Prohibitions.

* * * * *
    (d) * * *
    (4) Harvest groundfish CDQ on behalf of a CDQ group with a vessel 
that is not listed as an eligible vessel on an approved CDP for that 
CDQ group.
* * * * *
    (11) For the operator of a catcher vessel using trawl gear or any 
vessel less than 60 ft (18.3 m) LOA that is groundfish CDQ fishing as 
defined at Sec. 679.2, discard any groundfish CDQ species or salmon PSQ 
before it is delivered to an eligible processor listed on an approved 
CDP.
* * * * *
    (15) For the operator of a catcher/processor or a catcher vessel 
required to carry a CDQ observer, combine catch from two or more CDQ 
groups in the same haul or set.
* * * * *
    (19) For the operator of a catcher/processor using trawl gear or a 
mothership, sort, process, or discard CDQ or PSQ species before the 
total catch is weighed on a scale that meets the requirements of 
Sec. 679.28(b), including the daily test requirements described at 
Sec. 679.28(b)(3).
    (20) For the manager of a shoreside processor or the manager or 
operator of a buying station that is required elsewhere in this part to 
weigh catch on a scale approved by the State of Alaska under 
Sec. 679.28(b), fail to weigh catch on a scale that meets the 
requirements of Sec. 679.28(b).
    (21) For a CDQ representative, use methods other than those 
approved in the CDP to determine the catch of CDQ and PSQ reported to 
NMFS on the CDQ catch report.
    (22) For the operator of a vessel using trawl gear, harvest pollock 
CDQ in 1998 with trawl gear other than pelagic trawl gear.
    (23) For a CDQ group, report catch of sablefish CDQ for accrual 
against the fixed gear sablefish CDQ reserve if that sablefish CDQ was 
caught with fishing gear other than fixed gear.
    (24) For any person on a vessel using fixed gear that is fishing 
for a CDQ group with an allocation of fixed gear sablefish CDQ, discard 
sablefish harvested with fixed gear.
* * * * *
    (f) * * *
    (3)(i) Halibut. Retain halibut caught with fixed gear without a 
valid IFQ or CDQ permit and without an IFQ or CDQ card in the name of 
an individual aboard.
    (ii) Sablefish. Retain sablefish caught with fixed gear without a 
valid IFQ permit and without an IFQ card in the name of an individual 
aboard, except as provided under an approved CDP.
* * * * *
    (5) Possess, buy, sell, or transport IFQ or CDQ halibut or IFQ 
sablefish harvested or landed in violation of any provision of this 
part.
    (6) Make a IFQ halibut, IFQ sablefish, or CDQ halibut landing 
without an IFQ or CDQ card in the name of the individual making the 
landing.
* * * * *
    (10) Make an IFQ halibut, IFQ sablefish, or CDQ halibut landing 
other than directly to (or by) a registered buyer.
* * * * *
    4. In Sec. 679.21, paragraph (e)(2)(ii) is revised to read as 
follows.


Sec. 679.21  Prohibited species bycatch management.

* * * * *
    (e) * * *
    (2) * * *
    (ii) The amount of 7.5 percent of the non-trawl gear halibut PSC 
limit set forth in paragraph (e)(2)(i) of this section is allocated to 
the groundfish CDQ program as PSQ reserve. The PSQ reserve is not 
apportioned by gear or fishery.
* * * * *
    5. In Sec. 679.23, paragraph (e)(4)(iii) is removed; and paragraph 
(e)(4)(iv) is revised to read as follows:


Sec. 679.23  Seasons.

* * * * *
    (e) * * * * *
    (4) * * *
    (iii) Groundfish CDQ. Fishing for groundfish CDQ species, other 
than fixed gear sablefish CDQ under subpart C of this part, is 
authorized from 0001 hours, A.l.t., January 1, through the end of each 
fishing year, except as provided in paragraph (c) of this section.
* * * * *
    6. In Sec. 679.30, paragraph (a)(5)(i)(C) is removed, paragraphs 
(a)(5) introductory text, paragraphs (a)(5)(i)(A)(1), 
(a)(5)(i)(A)(2)(ii), (a)(5)(i)(B) are revised to read as follows:


Sec. 679.30  General CDQ regulations.

    (a) * * *
    (5) Fishing plan for groundfish and halibut CDQ fisheries. The 
following information must be provided for all vessels that will be 
groundfish CDQ fishing, all vessels equal to or greater than 60 ft 
(18.3 m) LOA that will be halibut CDQ fishing, and for all shoreside 
processors that will take delivery of any groundfish CDQ species from 
vessels that will be groundfish CDQ fishing or vessels equal to or 
greater than 60 ft (18.3 m) LOA that will be halibut CDQ fishing.
    (i) List of eligible vessels and processors--(A) Vessels-- (1)

[[Page 6031]]

Information required for all vessels. A list of the name, Federal 
fisheries permit number (if applicable), ADF&G vessel number, LOA, gear 
type, and vessel type (catcher vessel, catcher/processor, or 
mothership). For each vessel, report only the gear types and vessel 
types that will be used while CDQ fishing. Any CDQ vessel that is 
exempt from the moratorium under Sec. 679.4(c)(3)(v) must be identified 
as such.
    (2) * * *
    (ii) Average and maximum number of hauls or sets that will be 
retrieved on any given fishing day while groundfish CDQ fishing.
* * * * *
    (B) Shoreside processors. A list of the name, Federal processor 
permit number, and location of each shoreside processor that is 
required to have a Federal processor permit under Sec. 679.4(f) and 
will take deliveries of, or process, groundfish CDQ catch from any 
vessel groundfish CDQ fishing or from vessels equal to or greater than 
60 ft (18.3 m) LOA that are halibut CDQ fishing.
* * * * *
    7. In Sec. 679.31, paragraphs (d)(1) and (d)(2) are revised; 
paragraphs (d)(3) and (f) are removed, and paragraph (g) is 
redesignated as paragraph (f) as follows: 


Sec. 679.31  CDQ reserves.

* * * * *
    (d) * * *
    (1) For calendar year 2000, and thereafter, 7.5 percent; and
    (2) For calendar year 1999 (applicable through December 31, 1999), 
5 percent.
* * * * *
    8. In Sec. 679.32, paragraphs (a), (c) introductory text, 
(c)(3)(i), (c)(3)(v), and (f) are revised to read as follows: 


Sec. 679.32  Groundfish and halibut CDQ catch monitoring.

    (a) Applicability. The CDQ group, the operator or manager of a 
buying station, the operator of a vessel groundfish CDQ fishing as 
defined at Sec. 679.2, the operator of a vessels equal to or greater 
than 60 ft (18.3 m) LOA halibut CDQ fishing as defined at Sec. 679.2, 
and the manager of a shoreside processor taking deliveries of 
groundfish CDQ from these vessels must comply with the requirements of 
paragraphs (b) through (d) of this section for all groundfish CDQ and 
PSQ, The CDQ group, the operator of a vessel harvesting halibut CDQ, 
the shoreside processor, and the registered buyer must comply with the 
requirements of paragraph (f). In addition, the CDQ group is 
responsible for ensuring that vessels and processors listed as eligible 
on the CDQ group's approved CDP comply with all requirements of this 
section while harvesting or processing CDQ species.
* * * * *
    (c) Requirements for vessels and processors. In addition to 
complying with the minimum observer coverage requirements at 
Sec. 679.50(c)(4), vessel operators and shoreside processors meeting 
the requirements of paragraph (a) of this section must comply with the 
following requirements:
* * * * *
    (3) * * *
    (i) Prior notice to observer of offloading schedule. Notify the CDQ 
observer of the offloading schedule of each CDQ delivery at least 1 
hour prior to offloading to provide the CDQ observer an opportunity to 
monitor the sorting and weighing of the entire delivery.
* * * * *
    (v) CDQ delivery report. Submit a CDQ delivery report described at 
Sec. 679.5(n)(1) for each delivery of groundfish CDQ.
* * * * *
    (f) Halibut CDQ--(1) Applicability. The CDQ group, the operator of 
a vessel harvesting halibut CDQ, the shoreside processor, and the 
registered buyer must comply with the requirements of this paragraph 
for halibut CDQ.
    (2) Accounting for halibut CDQ catch. The CDQ group, vessel owner, 
registered buyer, and shoreside processor must comply with the 
following requirements for the catch of halibut CDQ.
    (i) Permits. The CDQ group must obtain a halibut CDQ permit issued 
by the Regional Administrator. The vessel operator must have a copy of 
the halibut CDQ permit on any fishing vessel operated by, or for, a CDQ 
group that will have halibut CDQ onboard and must make the permit 
available for inspection by an authorized officer. The halibut CDQ 
permit is non-transferable and is issued annually until revoked, 
suspended, or modified.
    (ii) CDQ cards. A person must have a valid halibut CDQ card issued 
by the Regional Administrator before landing any halibut CDQ. Each 
halibut CDQ card will identify a CDQ permit number and the person 
authorized by the CDQ group to land halibut for debit against the CDQ 
group's halibut CDQ.
    (iii) Alteration. No person may alter, erase, mutilate, or forge a 
halibut CDQ permit, landing card, registered buyer permit, or any valid 
and current permit or document issued under this part. Any such permit, 
card, or document that has been intentionally altered, erased, 
mutilated, or forged is invalid.
    (iv) Landings. A person may land halibut CDQ only if he or she has 
a valid halibut CDQ card, and that person may deliver halibut CDQ only 
to a person with a valid registered buyer permit. The person holding 
the halibut CDQ card and the registered buyer must comply with the 
requirements of Sec. 679.5(l)(1) and (l)(2).
    (v) The CDQ group, vessel owner or operator, and registered buyer 
must comply with all of the IFQ prohibitions at Sec. 679.7(f).
    (3) Accounting for catch of groundfish CDQ while halibut CDQ 
fishing. The shoreside processor must report on a CDQ delivery report 
described at Sec. 679.5(n)(1), all groundfish CDQ landed from vessels 
equal to or greater than 60 ft (18.3 m) LOA while halibut CDQ fishing. 
The CDQ group must report on a CDQ catch report described at 
Sec. 679.5(n)(2), all groundfish CDQ landed from vessels equal to or 
greater than 60 ft (18.3 m) LOA while halibut CDQ fishing. This 
groundfish CDQ will accrue to the CDQ group's groundfish CDQ 
allocations. The shoreside processor is not required to report on the 
CDQ delivery report and the CDQ group is not required to report on the 
CDQ catch report, groundfish caught by vessels less than 60 ft (18.3 m) 
LOA while halibut CDQ fishing, and this catch will not accrue against 
the CDQ group's groundfish CDQ allocations.
    (4) Groundfish CDQ retention requirements. Operators of vessels 
less than 60 ft (18.3 m) LOA are not required to retain and deliver 
groundfish CDQ species while halibut CDQ fishing. Operators of vessels 
equal to or greater than 60 ft (18.3 m) LOA are required to comply with 
all groundfish CDQ and PSQ catch accounting requirements in paragraphs 
(b) through (d) of this section, including the retention of all 
groundfish CDQ, if option 1 under Sec. 679.32(c)(2)(ii) is selected in 
the CDP.
    (5) Observer coverage requirements. The owner or operator of a 
vessel equal to or greater than 60 ft (18.3 m) LOA halibut CDQ fishing 
as defined at Sec. 679.2 or shoreside processors taking deliveries from 
vessels equal to or greater than 60 ft (18.3 m) LOA that are halibut 
CDQ fishing must comply with observer coverage requirements at 
Sec. 679.50(c)(4) and (d)(4).
    9. In Sec. 679.50, paragraphs (c)(4) and (d)(4) are revised to read 
as follows


Sec. 679.50  Groundfish Observer Program applicable through December 
31, 2000.

    * * * * *
    (c) * * *
    (4) Groundfish and halibut CDQ fisheries. The owner or operator of 
a vessel groundfish CDQ fishing or

[[Page 6032]]

halibut CDQ fishing as defined at Sec. 679.2 must comply with the 
following minimum observer coverage requirements each day that the 
vessel is used to harvest, transport, process, deliver, or take 
deliveries of CDQ or PSQ species. The time required for the CDQ 
observer to complete sampling, data recording, and data communication 
duties shall not exceed 12 hours in each 24-hour period and the CDQ 
observer is required to sample no more than 9 hours in each 24-hour 
period.
* * * * *
    (d) * * *
    (4) Groundfish and halibut CDQ fisheries. Each shoreside processor 
required to have a Federal processor permit under Sec. 679.4(f) and 
taking deliveries of CDQ or PSQ from all vessels groundfish CDQ fishing 
as defined at Sec. 679.2 or taking deliveries from vessels equal to or 
greater than 60 ft (18.3 m) LOA that are halibut CDQ fishing must have 
at least one lead CDQ observer as described at paragraph (h)(1)(i)(E) 
of this section present at all times while CDQ is being received or 
processed. The time required for the CDQ observer to complete sampling, 
data recording, and data communication duties shall not exceed 12 hours 
in each 24-hour period, and the CDQ observer is required to sample no 
more than 9 hours in each 24-hour period.
* * * * *
[FR Doc. 99-2796 Filed 2-5-99; 8:45 am]
BILLING CODE 3510-22-F