[Federal Register Volume 65, Number 177 (Tuesday, September 12, 2000)]
[Rules and Regulations]
[Pages 54971-54972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23400]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 970703166-8209-04; I.D. 060997A]
RIN 0648-AH65


Fisheries of the Exclusive Zone Economic Zone Off Alaska; License 
Limitation Program; Correction

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

ACTION: Correcting amendments.

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SUMMARY: NMFS is correcting a final rule implementing the License 
Limitation Program (LLP) established for the groundfish fisheries in 
the Bering Sea and Aleutian Islands management area (BSAI), the 
groundfish fisheries in the Gulf of Alaska (GOA), and the crab 
fisheries in the BSAI, that was published in the Federal Register of 
Thursday, October 1, 1998.

DATES: Effective January 1, 1999.

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

SUPPLEMENTARY INFORMATION: The LLP is a limited access system 
authorized under section 303(d) of the Magnuson-Stevens Fishery 
Conservation and Management Act. The LLP is designed to limit the 
number, size, and operation of vessels that may be used in the affected 
groundfish and crab fisheries. The North Pacific Fishery Management 
Council (Council) adopted the LLP in June 1995, and officially 
submitted it to NMFS in June 1997. A proposed rule to implement the LLP 
was published on August 15, 1997 (62 FR 43865). The LLP was approved by 
NMFS on September 12, 1997. A final rule to implement the LLP was 
published on October 1, 1998 (63 FR 52642). Additional rules to 
implement an application process and a transfer process for LLP 
licenses were proposed on April 19, 1999 (64 FR 19113), and published 
as final on August 6, 1999 (64 FR 42826).
    The current regulatory text regarding an eligible applicant for a 
Norton Sound red or blue king crab license under the LLP does not 
accurately represent the Council's intent or the FMP amendment text and 
is inconsistent with regulations governing the LLP application 
requirements. The word ``and'' between ``1993'' and ``1994'', in the 
``eligible applicant'' definition at 50 CFR 679.2, is a drafting error 
that instead should be ``or''. Currently, the regulation defining an 
eligible applicant for an LLP license based on participation in the 
Norton Sound red and blue king crab fisheries at 50 CFR 679.2 reads as 
follows:
    ``Eligible applicant means a qualified person who submitted an 
application during the application period announced by NMFS and . . 
. who was an individual who held a State of Alaska permit for the 
Norton Sound king crab summer fishery in 1993 and 1994, and who made 
at least one harvest of red or blue king crab in the relevant area 
during the period specified in Sec. 679.4(k)(5)(ii)(G), or a 
corporation that owned or leased a vessel on June 17, 1995, that 
made at least one harvest of red or blue king crab in the relevant 
area during the period in Sec. 679.4(k)(5)(ii)(G), and that was 
operated by an individual who was an employee or a temporary 
contractor; or.''
    The reference to Sec.  679.4(k)(5)(ii)(G) specifies the criteria 
for an area/species endorsement for Norton Sound red and blue king crab 
on an LLP license. Basically, these criteria include one documented 
harvest of any amount of red or blue king crab from Norton Sound 
between January 1, 1993, and December 31, 1994.
    This regulatory text appears clear that unless otherwise exempted, 
to qualify for an LLP license to fish for red or blue king crab in 
Norton Sound, an individual would have to:
    (a) Submit an LLP application during the application period (which 
ended December 17, 1999);
    (b) Have held a State of Alaska permit for the Norton Sound king 
crab summer fishery in 1993 and 1994; and
    (c) Have made one documented harvest of any amount of red or blue 
king crab from Norton Sound during the same 2-year period, 1993 through 
1994.
    This regulation is essentially the same as that published in the 
proposed rule for public comment on August 15, 1997 (62 FR 43866). No 
comments were received on this eligibility issue in Norton Sound. 
However, a more fundamental issue is whether the intent of the Council 
and the LLP implementing regulations on this point are consistent. With 
respect to crab fisheries, the LLP is authorized by Amendment 5 to the 
FMP for the Commercial King and Tanner Crab Fisheries in the Bering 
Sea/Aleutian Islands. Amendment 5 was approved by the National Marine 
Fisheries Service on September 12, 1997, and added section 8.1.4.1.1 to 
the FMP, which reads in part as follows:
    License Recipients. Licenses will be issued to current owners 
(as of June 17, 1995) of qualified vessels, except in the Norton 
Sound summer red and blue king crab fisheries. License for these 
fisheries would be issued to:
    a. Individuals who held a State of Alaska Permit for the Norton 
Sound summer king crab fisheries and made at least one landing; or
    b. Vessel owners as of June 17, 1995, in instances where a 
vessel was corporate owned, but operated by a skipper who was a 
temporary contract employee.
    The FMP text, for individuals, shows a strong connection between 
holding a State permit for, and making at least one landing from, the 
Norton Sound summer king crab fisheries. The reason that the Council 
made an exception to the normal vessel ownership requirement for these 
fisheries is that many of the participants are not vessel owners and 
fished on the vessels of others, and the Council did not want to 
exclude any past participant from future participation in these 
fisheries under the LLP. In addition, the Council was aware that this 
approach could result in more vessels fishing for king crab in Norton 
Sound under the LLP, but the entry of new vessels from outside the area 
was unlikely due to the management of those fisheries by the State of 
Alaska (State) under a super-exclusive registration system.
    The FMP amendment text does not specify a particular time period 
within which an individual would have to hold a State permit for, and 
make at least one landing from, the Norton Sound summer king crab 
fisheries. The Council newsletter dated June 28, 1995, and the preamble 
to the proposed rule indicate that the Council intended the Norton 
Sound king crab fisheries to be exempted from the standard general 
qualification period (GQP) of January 1, 1988, through June 27, 1992, 
that applies to most other crab fisheries. Instead of the GQP, the 
Council stipulated a landing requirement during the 2-year period 1993 
through 1994. The reason for this is that the State started its super-
exclusive registration system in 1993. Hence, when the Council adopted 
the LLP in June 1995, the period 1993 through 1994

[[Page 54972]]

represented the most recent participation history under the super-
exclusive system for Norton Sound, and the best snapshot of local or 
resident involvement in the king crab fisheries in that area.
    In summary, the resulting ``eligible applicant'' regulatory text 
quoted earlier substitutes an individual State permit requirement for 
the vessel ownership otherwise required for LLP eligibility, and 
exempts the Norton Sound king crab fishery from the GQP requirements. 
Instead, an ``eligible applicant'' could receive an LLP license with a 
Norton Sound red and blue king crab area/species endorsement if the 
applicant has a minimum of one documented harvest of red or blue king 
crab in Norton Sound during the 2-year period 1993 through 1994.
    Apparently the Council intended to design the LLP to include all of 
the 1993 and 1994 participants in the Norton Sound summer king crab 
fisheries. No indication of the same concern for excess fishing 
capacity exists in these fisheries that the Council had for the other 
LLP groundfish and crab fisheries. Requiring a minimum of only one 
documented harvest in the Norton Sound king crab fisheries in either 
1993 and 1994, but requiring a State permit in both years would be 
restrictive (i.e., would qualify fewer LLP participants for the Norton 
Sound king crab fisheries). Requiring a State permit only for the year 
in which the minimim landing requirement was satisfied would be less 
restrictive. In addition, regulations implementing the LLP application 
process (published August 6, 1999, 64 FR 42826) added Sec.  679.4(k)(6) 
in which an applicant for a Norton Sound crab species endorsement must 
contain:
    ``. . . valid evidence that the applicant was a State of Alaska 
permit holder for the Norton Sound king crab summer fishery in 1993 
or 1994.'' (Emphasis added)
    For this reason, the definition for ``eligible applicant,'' 
subparagraph (3) at Sec.  679.2, is corrected.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: September 7, 2000.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For reasons explained in the preamble, 50 CFR part 679 is corrected 
by making the following correcting amendment:

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 3631et seq.; 
Title II of Division C, Pub. L. 105-277; Sec. 3027, Pub. L. 106-31, 
113 Stat. 57; 16 U.S.C. 1540(f).
    2. In Sec.  679.2, paragraph (3) under the definition for 
``Eligible applicant,'' is corrected to read as follows:


Sec.  679.2  Definitions.

* * * * *
    Eligible applicant * * *
* * * * *
    (3) Who was an individual who held a State of Alaska permit for the 
Norton Sound king crab summer fishery at the time he or she made at 
least one harvest of red or blue king crab in the relevant area during 
the period specified in Sec. 679.4(k)(5)(ii)(G), or a corporation that 
owned or leased a vessel on June 17, 1995, that made at least one 
harvest of red or blue king crab in the relevant area during the period 
in Sec. 679.4(k)(5)(ii)(G), and that was operated by an individual who 
was an employee or a temporary contractor; or
* * * * *
[FR Doc. 00-23400 Filed 9-11-00; 8:45 am]
BILLING CODE 3510-22-S