[Federal Register Volume 65, Number 241 (Thursday, December 14, 2000)]
[Rules and Regulations]
[Pages 78119-78121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31917]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 000905252-0339-02; I.D. 080700D]
RIN 0648-AN98


Fisheries of the Exclusive Economic Zone Off Alaska; Prohibited 
Species Donation Program

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

ACTION: Final rule, permanent extension of the Pacific halibut donation 
program.

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SUMMARY: NMFS issues a final rule that permanently extends the existing 
regulations that establish and govern the voluntary Pacific halibut 
donation program. Under this program, Pacific halibut that is taken 
incidentally in groundfish trawl fisheries off Alaska may be donated 
for consumption by economically disadvantaged individuals rather than 
discarded, as normally required. This action is necessary to promote 
the goals and objectives of the Fishery Management Plan for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands Area (BSAI) 
and the Fishery Management Plan for Groundfish of the Gulf of Alaska 
(GOA) (FMPs). The intended effect of this action is to reduce the 
amount of regulatory discards in the groundfish fisheries.

DATES: Effective January 1, 2001.

ADDRESSES: Copies of the regulatory impact review and environmental 
assessment prepared for this action may be obtained from NMFS, Alaska 
Region, P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel, or by 
calling the Alaska Region, NMFS, at 907-586-7228. Comments regarding 
burden estimates for collection-of-information requirements should be 
sent to NMFS, Alaska Region, and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503 (Attn: NOAA Desk Officer). Send comments on any ambiguity or 
unnecessary complexity arising from the language used in this final 
rule to Sue Salveson, Assistant Regional Administrator, NMFS, Alaska 
Region, P.O. Box 21668, Juneau, AK 99802.

FOR FURTHER INFORMATION CONTACT: Melanie Brown, 907-586-7228.

SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the 
exclusive economic zone off Alaska are managed by NMFS under the Alaska 
groundfish FMPs. The FMPs were prepared by the North Pacific Fishery 
Management Council (Council) under the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act). Regulations 
governing the Alaska groundfish fisheries appear at 50 CFR parts 600 
and 679. Fishing for Pacific halibut in waters in and off Alaska is 
governed by the Convention between the United States and Canada for the 
Preservation of the Halibut Fishery of the Northern Pacific Ocean and 
Bering Sea and by regulations adopted by the International Pacific 
Halibut Commission (IPHC) and approved by the Secretary of State of the 
United States pursuant to section 4 of the North Pacific Halibut Act 
(16 U.S.C. 773-773k). Regulations of the IPHC are published as annual 
management measures in the Federal Register each year pursuant to 
regulations at 50 CFR 300.62.
    The Prohibited Species Donation (PSD) program regulations at 50 CFR 
679.26 include provisions for the donation of those trawl-caught 
halibut that are delivered by catcher vessels to shoreside processors. 
A final rule published in the Federal Register (63 FR 32144, June 12, 
1998) authorized voluntary distribution of halibut taken as bycatch in 
the groundfish trawl fishery to needy individuals by tax-exempt 
organizations through a NMFS-authorized distributor.
    The program is limited to dead halibut landed by trawl catcher 
vessels to shoreside processors. Many of the halibut taken in the 
groundfish fisheries are discarded alive. However, dead halibut are 
sometimes landed shoreside by trawl catcher vessels because at-sea 
sorting of catch is not practicable. This action has no impact on the 
halibut resource because the groundfish fisheries are restricted by 
halibut bycatch mortality limits that require closure of specified 
fisheries when a limit has been reached. This final rule has no impact 
on target and non-target species of the groundfish fisheries harvested 
because it has no effect on harvest amounts or patterns. In 1998 and 
1999, 21,196 lb (9,635 kg) and 6,190 lb (2,814 kg) of eviscerated 
halibut were donated through the PSD program, respectively. NMFS 
estimates that the halibut donation program provided 65,000 meals to 
economically disadvantaged individuals in the western Washington Puget 
Sound area in 1998. No violations of the halibut donation regulations 
have been reported or observed.
    Without this final rule the halibut part of the PSD program would 
have expired on December 31, 2000. This sunset provision was advocated 
by the Council and the IPHC so that management agencies could assess 
the effectiveness of the halibut donation program, relative to the 
program's objectives, before the Council took action to extend the 
program beyond the year 2000.
    At its June 2000 meeting, the Council requested NMFS to initiate 
rulemaking to permanently extend the halibut donation program. The 
Council also endorsed a recommendation by IPHC staff to review the 
program every 3 years and assess whether regulatory changes should be 
pursued to respond to any management or enforcement concerns that may 
arise in the future. With this rulemaking, NMFS permanently extends the 
existing halibut provisions of the PSD program. This action makes no 
other changes to the existing PSD program. NMFS, the Council, and the 
IPHC will conduct a periodic review of the program and the regulations 
could be revised in the future, if necessary, to respond to new 
concerns.
    A proposed rule to permanently implement the Pacific halibut 
donation program was published in the Federal Register for a 15-day 
public review and comment period (65 FR 56860, September 20, 2000). No 
written comments were received during the comment period.

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Classification

    The Administrator, Alaska Region, NMFS (Regional Administrator), 
has determined that this final regulatory amendment is consistent with 
the FMPs, the Magnuson-Stevens Act, and other applicable laws.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule would not have a significant economic 
impact on a substantial number of small entities. No comments were 
received regarding this certification. As a result, a regulatory 
flexibility analysis was not prepared.
    The Assistant Administrator for Fisheries, NOAA (AA), finds for 
good cause under 5 U.S.C. 553(d)(3) that delaying the effectiveness of 
this final rule for 30 days would be contrary to the public interest. 
Such a delay would cause the Pacific halibut donation program to 
expire. The intent of this action is to have that program continue 
without interruption so that its benefits to economically disadvantaged 
individuals can continue. Further, the program is voluntary and no 
individual has to take any action because the program remains in 
effect. Accordingly, the AA is making the extension effective January 
1, 2001.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Regional Administrator determined that activities conducted 
pursuant to this rule will not affect endangered and threatened species 
or critical habitat under the Endangered Species Act (ESA).
    Pursuant to section 7 of the ESA, NMFS has completed a consultation 
on the effects of the groundfish fishery on listed species. Reasonable 
and prudent alternatives have been implemented to mitigate the adverse 
impacts of the pollock fisheries on the western population of Steller 
sea lion and its critical habitat (65 FR 3892, January 25, 2000, and 
extended at 65 FR 36795, June 12, 2000). NMFS also completed 
consultations on the effects of the 2000 BSAI groundfish fisheries on 
listed species and on critical habitat. These consultations were 
completed December 23, 1999, and concluded that the proposed fisheries 
were not likely to cause jeopardy or adverse modification to designated 
critical habitat. However, in an order dated January 25, 2000, the 
District Court for the Western District of Washington (Court) concluded 
that NMFS must consult pursuant to section 7 of the ESA on the fishery 
management plans for the groundfish fisheries of the BSAI and GOA. 
Greenpeace v. NMFS, Civ. No. 98-49ZZ (W.D. Wash.). On August 7, 2000, 
the Court issued an injunction, effective August 8, 2000, prohibiting 
fishing for groundfish with trawl gear in the exclusive economic zone 
within Steller sea lion critical habitat west of 144 deg. W. long. 
until NMFS issues a comprehensive biological opinion adequately 
analyzing the full scope of the FMPs. (Greenpeace v. NMFS, 106 F. Supp. 
2d 1066 (W.D. Wash. 2000)). The critical habitat areas closed by the 
Court's injunction are defined in regulations codified at 50 CFR 
226.202, and in Tables 1 and 2 to 50 CFR part 226. Pursuant to the ESA, 
NMFS published an interim final rule prohibiting fishing for groundfish 
with trawl gear in Steller sea lion critical habitat specified in the 
Court's injunction (65 FR 49766, August 15, 2000). This interim final 
rule was effective August 9, 2000, and will remain in effect until the 
Court orders otherwise. NMFS has developed a comprehensive biological 
opinion that evaluates the effects of the FMPs on endangered and 
threatened species and their critical habitat as required by the Court.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to penalty for 
failure to comply with a collection of information, subject to the 
requirements of the Paperwork Reducation Act (PRA), unless that 
collection of information displays a currently valid Office of 
Management and Budget (OMB) control number.
    This rule contains collection-of-information requirements subject 
to the PRA. These collections of this information have been approved 
under OMB control number 0648-0316. Public reporting burden (per 
individual) for these collections of information, including both salmon 
and halibut donations, is estimated to average as follows: 40 hours 
every 3 years per application and 40 hours per year for completing a 
list of vessels and processors for a NMFS authorized distributor; 9 
hours per year (0.1 hrs for 90 processing days) for vessel and 
processor labeling and product tracking documentation; and 15 minutes 
per year for vessels/processor documentation. The estimated response 
times listed include the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collections of information.
    Send comments regarding this burden estimate, or any other aspect 
of these data collections, including suggestions for reducing the 
burden, to NMFS and OMB (see ADDRESSES).
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with this directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this final 
rule. Such comments should be sent to NMFS, Alaska Region (see 
ADDRESSES).

[[Page 78121]]

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: December 8, 2000.
William T. Hogarth,
Deputy 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.; 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.  679.26, paragraphs (a)(2) and (b)(3)(iv) are revised to 
read as follows:


Sec.  679.26  Prohibited Species Donation Program (PSD).

    (a) * * *
    (2) Halibut delivered by catcher vessels using trawl gear to 
shoreside processors.
    (b) * * *
    (3) * * *
    (iv) Effective period. A PSD permit issued for salmon or halibut 
remains in effect for a 3-year period after the selection notice is 
published in the Federal Register unless suspended or revoked. A PSD 
permit issued to an authorized distributor may be renewed following the 
application procedures in this section.
* * * * *
[FR Doc. 00-31917 Filed 12-13-00; 8:45 am]
BILLING CODE: 3510-22-S