[Federal Register Volume 65, Number 141 (Friday, July 21, 2000)]
[Rules and Regulations]
[Pages 45316-45318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18564]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 000706201-0201-01; I.D. 060700A]
RIN 0648-AO00


Fisheries of the Exclusive Economic Zone Off Alaska; Removal of 
Vessel Moratorium of the GOA and BSAI

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

ACTION: Final rule; technical amendment.

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SUMMARY: NMFS issues a final rule to remove the obsolete text 
implementing the Vessel Moratorium Program (VMP), which expired on 
December 31, 1999, and was replaced by the License Limitation Program 
(LLP). In addition, several paragraphs in the regulations are revised 
to account for the removal of the moratorium text. These revisions are 
necessary to remove obsolete text, clarify and simplify existing text, 
promote compliance with the regulations, and facilitate enforcement 
efforts. This action is intended to further the goals and objectives of 
the Federal fishery management programs for crab groundfish fisheries 
off Alaska.

DATES: Effective July 21, 2000.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    NMFS manages the groundfish fisheries in the Exclusive Economic 
Zone (EEZ) off Alaska and the crab fisheries in the EEZ of the Bering 
Sea and Aleutian Islands area according to fishery management plans 
(FMPs) prepared by the North Pacific Fishery Management Council 
(Council) under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act, 16 U.S.C., 1801 et seq. The FMPs are 
implemented by regulations at 50 CFR part 679. General regulations that 
also pertain to these fisheries appear in subpart H of 50 CFR part 600.
    NMFS published a final rule in the Federal Register on August 10, 
1995, (60 FR 40763) implementing the VMP and, on January 25, 1999 (64 
FR 3651), published a final rule extending the program for 1 year. The 
VMP expired on December 31, 1999, when it was succeeded by the LLP, 
which became effective on January 1, 2000. This technical amendment is 
designed to remove obsolete regulatory text that implemented the VMP 
without making any substantive change in the LLP implementing 
regulations or other rules.
    The changes implemented with this rule in each section are 
described as nfollows.

Purpose and Scope (Sec. 679.1)

    Paragraph (c) is removed and reserved because it is no longer 
effective.

Definitions (Sec. 679.2)

    Definitions of terms that were relevant only to the VMP are 
removed. Some defined terms that also are used in existing and 
currently effective regulations are revised or renumbered to remove 
only the parts of the definitions that were applicable to the VMP. 
Terms and their definitions that are removed by this action are ``Lost 
or destroyed vessel,'' ``Moratorium crab species,'' ``Moratorium 
groundfish species,'' ``Moratorium species,'' ``Moratorium 
qualification,'' ``Original qualifying LOA,'' ``Original qualifying 
vessel,'' and ``Qualifying period.'' Definitions of terms that are 
revised or renumbered by this action are ``Catcher/processor,'' 
``Catcher vessel,'' ``Directed fishing,'' ``Maximum LOA (MLOA),'' 
``Person,'' and ``Reconstruction.''

Permits (Sec. 679.4)

    Criteria required for a VMP permit specified at Sec. 679.4(c) are 
no longer effective and are removed by this action. Paragraph (c) is 
reserved to maintain the designation sequence of the succeeding 
paragraphs. Some of these VMP permit criteria were integrated into the 
LLP and were referenced in the LLP qualification requirements at 
Sec. 679.4(k). Hence, this action revises regulations implementing the 
LLP at Sec. 679.4(k)(4) to add specified VMP qualification criteria 
that are included in the LLP licensing criteria previously included 
only by reference.

Prohibitions (Sec. 679.7)

    Paragraphs (d)(13) and (14) in Sec. 679.7 are revised by 
substituting the term ``license limitation groundfish'' for the term 
``moratorium groundfish species.'' This change is made necessary by the 
substitution of the LLP for the VMP. Also in paragraph (e) of this 
section, the heading and text are removed and the paragraph reserved. 
Although paragraph (e) did not explicitly expire with the VMP, its 
continued existence no longer is necessary and could be confusing if it 
were not removed.

[[Page 45317]]

Western Alaska Community Development Quota Program (CDQ) (Sec. 679.30)

    A reference in paragraph (a)(5)(i)(A)(1) of this section to catcher 
vessels and catcher/processors that could be exempt from the VMP is 
revised to reference the same exemption provided under the LLP. 
Although the Council originally recommended that this exemption for 
specific CDQ vessels be transferred to the LLP, more recently, it 
recommended its deletion because it is no longer necessary. Removing 
the CDQ exemption is beyond the scope of this action and will be 
included in a future proposed rule.

Classification

    Because this technical amendment makes only minor, non-substantive 
changes to an existing rule, NMFS finds that there is good cause to 
waive the requirement to provide notice and an opportunity for public 
comment, pursuant to authority set forth at 5 U.S.C. 553(b)(B), as such 
procedures are unnecessary. For the same reasons, NMFS finds good cause 
under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date.
    Because prior notice, delayed effectiveness and opportunity for 
public comment are not required for this final rule by U.S.C. 553, or 
any other law, the analytical requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: July 9, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set forth 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.

Sec. 679.1  [Amended]

    2. In Sec. 679.1, paragraph (c) is removed and reserved.

    3. In Sec. 679.2, definitions for the terms ``Lost or destroyed 
vessel (applicable through December 31, 1998),'' ``Moratorium crab 
species (applicable through December 31, 1999),'' ``Moratorium 
groundfish species (applicable through December 31, 1999),'' 
``Moratorium qualification (applicable through December 31, 1999),'' 
``Moratorium species,'' ``Original qualifying LOA (applicable through 
December 31, 1999),'' ``Original qualifying vessel (applicable through 
December 31, 1999),'' ``Qualifying period (applicable through December 
31, 1999),'' and ``Reconstruction (applicable through December 31, 
1999)'' are removed, definitions for the terms ``Catcher/processor,'' 
``Catcher vessel'' ``Directed fishing,'' ``Maximum LOA (MLOA)'', and 
``Person,'' are revised, and a new definition of ``Reconstruction'' is 
added to read as follows:


Sec. 679.2  Definitions.

* * * * *
    Catcher/processor means:
    (1) With respect to groundfish recordkeeping and reporting, a 
vessel that is used for catching fish and processing that fish.
    (2) With respect to subpart E of this part, a processor vessel that 
is used for, or equipped to be used for, catching fish and processing 
that fish.
* * * * *
    Catcher vessel means a vessel that is used for catching fish and 
that does not process fish on board.
* * * * *
    Directed fishing means:
    (1) With respect to groundfish recordkeeping and reporting, any 
fishing activity that results in the retention of an amount of a 
species or species group on board a vessel that is greater than the 
maximum retainable bycatch amount for that species or species group as 
calculated under Sec. 679.20.
    (2) With respect to license limitation groundfish species, directed 
fishing as defined in paragraph (1) of this definition, or, with 
respect to license limitation crab species, the catching and retaining 
of any license limitation crab species.
    (3) (Applicable through July 20, 2000) With respect to the harvest 
of groundfish by AFA catcher/processors and AFA catcher vessels, any 
fishing activity that results in the retention of an amount of a 
species or species group on board a vessel that is greater than the 
maximum retainable bycatch amount for that species or species group as 
calculated under Sec. 679.20.
* * * * *
    Maximum LOA (MLOA) means, with respect to the groundfish and crab 
license limitation program, the LOA of the vessel on June 24, 1992, 
unless the vessel was less than 125 ft (38.1 m) on June 24, 1992, then 
1.2 times the LOA of the vessel on June 24, 1992, or 125 ft (38.1 m), 
whichever is less. However, if the vessel was under reconstruction on 
June 24, 1992, then the basis for the MLOA will be the LOA of the 
vessel on the date that reconstruction was completed and not June 24, 
1992. The following exceptions apply regardless of how the MLOA was 
determined.
    (1) If the vessel's LOA on June 17, 1995, was less than 60 ft (18.3 
m), or if the vessel was under reconstruction on June 17, 1995, and the 
vessel's LOA on the date that reconstruction was completed was less 
than 60 ft (18.3 m), then the vessel's MLOA cannot exceed 59 ft (18 m).
    (2) If the vessel's LOA on June 17, 1995, was greater than or equal 
to 60 ft (18.3 m) but less than 125 ft (38.1 m), or if the vessel was 
under reconstruction on June 17, 1995, and the vessel's LOA on the date 
that reconstruction was completed was greater than or equal to 60 ft 
(18.3 m) but less 125 ft (38.1 m), then the vessel's MLOA cannot exceed 
124 ft (37.8 m).
    (3) If the vessel's LOA on June 17, 1995, was 125 ft (38.1 m) or 
greater, then the vessel's MLOA is the vessel's LOA on June 17, 1995, 
or if the vessel was under reconstruction on June 17, 1995, and the 
vessel's LOA on the date that reconstruction was completed was 125 ft 
(38.1 m) or greater, then the vessel's MLOA is the vessel's LOA on the 
date reconstruction was completed.
* * * * *
    Person means:
    (1) For IFQ and CDQ Programs and General Usage the term ``person'' 
means any individual who is a citizen of the United States or any 
corporation, partnership, association, or other entity (or its 
successor-in-interest), regardless of whether organized or existing 
under the laws of any state, who is a U.S. citizen.
    (2) For High Seas Salmon Fishery permits issued under 
Sec. 679.4(h), the term ``person'' excludes any nonhuman entity.
* * * * *
    Reconstruction means a change in the LOA of the vessel from its 
original qualifying LOA.
* * * * *

    4. In Sec. 679.4, paragraph (c) is removed and reserved, and 
paragraphs (k)(4)(i)(A)(3), (k)(4)(i)(B)(3), and (k)(5)(i)(B) are 
revised to read as follows:


Sec. 679.4  Permits.

* * * * *

[[Page 45318]]

    (k) * * *
    (4) * * *
    (i) * * *
    (A) * * *
    (3) January 1, 1988, through June 17, 1995, provided that, during 
the period January 1, 1988, through February 9, 1992, the vessel made a 
legal landing of any king or Tanner crab species harvested in the 
Bering Sea and Aleutian Islands Area, and, during the period February 
10, 1992, through December 11, 1994, made a legal landing of any 
groundfish species harvested in the GOA or BSAI using trawl gear or a 
legal landing harvested in the GOA or BSAI of any groundfish species 
using longline gear, except sablefish landed using fixed gear.
    (B) * * *
    (3) January 1, 1988, through June 17, 1995, provided that, during 
the period January 1, 1988, through February 9, 1992, the vessel made a 
legal landing of any king or Tanner crab species harvested in the 
Bering Sea and Aleutian Islands Area, and during the period February 
10, 1992, through December 11, 1994, made a legal landing of any 
groundfish species harvested in the GOA or BSAI using trawl gear or a 
legal landing of any groundfish species harvested in the GOA or BSAI 
using longline gear, except sablefish landed using fixed gear.
* * * * *
    (5) * * *
    (i) * * *
    (B) At least one documented harvest of any amount of crab species 
must have been made from a vessel between January 1, 1988, and December 
31, 1994, providing that, during the period January 1, 1988, through 
February 9, 1992, the vessel for which the documented harvest was made 
also made a legal landing of any groundfish species harvested in the 
GOA or BSAI with any authorized gear, except sablefish caught with 
fixed gear, and, during the period February 10, 1992, through December 
11, 1994, made a legal landing of any king or Tanner crab species 
harvested in the Bering Sea and Aleutian Islands Area.
* * * * *

    5. In Sec. 679.7, paragraphs (d)(13) and (d)(14) are revised to 
read as set forth below and paragraph (e) is removed and reserved:


Sec. 679.7  Prohibitions.

* * * * *
    (d) * * *
    (13) For the operator of a catcher vessel, catch, retain on board, 
or deliver groundfish CDQ species together with license limitation 
groundfish.
    (14) For the operator of a catcher/processor, catch groundfish CDQ 
species together with license limitation groundfish in the same haul, 
set, or pot.
* * * * *

    6. In Sec. 679.30, paragraph (a)(5)(i)(A)(1) is revised to read as 
follows:


Sec. 679.30  General CDQ regulations

    (a) * * *
    (5) * * *
    (i) * * *
    (A) * * *
    (1) 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 license limitation requirements under Sec. 679.4(k)(2)(iv) 
of this part must be identified as such.
* * * * *
[FR Doc. 00-18564 Filed 7-20-00; 8:45 am]
BILLING CODE 3510-22-F