[Federal Register Volume 66, Number 64 (Tuesday, April 3, 2001)]
[Proposed Rules]
[Pages 17681-17682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8167]



[[Page 17681]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 010108-006-1006-01; I.D.; 120700A]
RIN 0648-AO97


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Advanced Notice of Proposed 
Rulemaking including a Control Date

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

ACTION: Advanced notice of proposed rulemaking regarding fixed-gear 
sablefish harvest; notice of control date; request for comments.

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SUMMARY: The Pacific Fishery Management Council (Council) has 
recommended to the Secretary of Commerce (Secretary), management 
measures which would allow permit owners to register multiple limited 
entry fixed-gear permits with sablefish endorsements to a single vessel 
(permit stacking), beginning with the 2001 regular nontrawl sablefish 
fishery.
    As part of a permit stacking program, the Council proposes to 
restrict persons from owning more than three limited entry permits with 
sablefish endorsements; to allow limited entry permits with sablefish 
endorsements to be owned only by individuals, not corporations or other 
business entities; and to require permit owners to be on board a vessel 
to which a sablefish permit is registered when it is participating in 
the fishery. However, owners of permits as of November 1,2000, are 
proposed to be exempt from these restrictions. Persons holding more 
than three permits on November 1, 2000, would not be allowed to 
accumulate more permits, but neither would they be required to sell 
their excess permits.
    To inform the industry that it was proposing permit restrictions 
applicable to permits acquired after November 1, 2000, the Council 
recommended that NMFS announce November 1, 2000, as a control date. 
This control date is intended to provide notification of the Council's 
intent and to discourage: persons from accumulating permits above the 
limit; individual permit owners from incorporating or becoming 
partnerships; and increases in absentee permit ownership, before the 
permit stacking regulations become effective.

DATES: Comments may be submitted in writing by May 3, 2001.

ADDRESSES: Comments may be mailed to Jim Lone, Chairman, Pacific 
Fishery Management Council, 2130 SW Fifth Avenue, Suite 224, Portland, 
OR 97201.

FOR FURTHER INFORMATION CONTACT: The Pacific Fishery Management Council 
at 503-326-6352; or William Robinson at 206-526-6140; or Svein Fougner 
at 562-980-4000.

SUPPLEMENTARY INFORMATION: The U.S. groundfish fisheries off the 
Washington, Oregon, and California coasts are managed pursuant to the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) (16 U.S.C. 1801-1883) and the Pacific Coast Groundfish 
Fishery Management Plan (FMP). Regulations implementing the FMP appear 
at 50 CFR part 660 subpart G.
    Overcapitalization in the groundfish fishery has undermined the 
effectiveness of some existing management measures. Reducing capacity 
in the fishery is necessary to reduce overfishing, minimize bycatch and 
improve the economic outlook for the West Coast fishing industry. The 
recommended management scheme is designed to reduce capacity in the 
limited entry fixed-gear sablefish portion of the groundfish fishery.
    The primary limited entry fixed-gear sablefish fishery includes the 
regular season during which most of the limited entry fixed-gear 
sablefish harvest is taken, and the mop-up fishery. Each fixed-gear 
permit with a sablefish endorsement is assigned to one of three tiers 
for the regular nontrawl limited entry sablefish season. The tier that 
a permit is assigned to determines the amount of catch that may landed 
from the vessel to which it is registered. If multiple permits are 
registered to a single vessel, fishers would be allowed to harvest the 
full amount allocated to each of the permits registered to the vessel.
    Fixed-gear permit stacking was recommended as a capacity reduction 
measure in the Groundfish Strategic Plan which the Council adopted at 
its September 2000 meeting. The Council distributed preliminary 
analysis on permit stacking to the public at the Council's September 
2000 meeting and encouraged the public to provide comments. A more 
detailed regulatory analysis was available to the public and the 
Council prior to the Council's November 2000 meeting. The Council 
reviewed permit stacking and held a public hearing during the Council's 
November meeting. Following public testimony and discussion, the 
Council adopted a permit stacking program with the intention of having 
a program in place for the 2001 regular nontrawl sablefish fishery.
    As part of the permit stacking program, the Council proposes to 
restrict persons from owning more than three limited entry permits with 
sablefish endorsements; to allow limited entry permits with sablefish 
endorsements to be owned only by individuals, not corporations or other 
business entities; and to require permit owners to be on board a vessel 
to which a sablefish permit is registered when it is fishing. However, 
owners of permits as of November 1, 2000, are proposed to be exempt 
from these restrictions.
    To inform the industry that it proposing future ownership 
restrictions, applicable to permits assigned after November 1, 2000, 
the Council recommended that NMFS announce a control date of November 
1, 2000. This control date is intended to provide notification of the 
Council's intent, discourage persons from accumulating permits above 
the limit; and individual permit owners from incorporating or becoming 
partnerships. increases in absentee permit ownership, before the permit 
stacking regulations become effective. The Council also proposes to 
restrict at-sea processing of sablefish except for vessels that can 
demonstrate fixed-gear landings of at least 2,000 lb (907 kg) of frozen 
sablefish from Council-managed fisheries in 1998, 1999, or 2000.
    To limit the concentration of permit ownership, and thus harvest 
privileges, in the fishery, no person would be allowed to accumulate 
more than three limited entry fixed-gear permits with sablefish 
endorsements unless that person owned them on November 1, 2000. Persons 
holding more than three limited entry fixed-gear permits with sablefish 
endorsements on November 1, 2000, would not be allowed to accumulate 
more permits, but neither would they be required to sell their excess 
permits.
    Corporations and partnerships owning limited entry fixed-gear 
permits with sablefish endorsements on November 1, 2000, could continue 
to own the permits as corporations and partnerships. However, 
corporations or partnership that acquire permits after November 1, 
2000, would likely be restricted from participating in the fishery when 
a permit stacking program is implemented. Exemptions for a particular 
corporation or partnership that owned permits on November 1, 2000, 
would cease with a change in the identity of that corporation or 
partnership.

[[Page 17682]]

    Owners of limited entry fixed-gear permits with sablefish 
endorsements on November 1, 2000, would be allowed to operate without 
the owner of the permit on board the vessel during the regular nontrawl 
sablefish fishery. However, individuals acquiring permits after 
November 1, 2000, would be required to have the permit owner on board 
the vessel while participating in the fishery when a permit stacking 
program is implemented.
    The Council will soon submit the program and the supporting 
documents to the Secretary for review, approval, and implementation 
under the Magnuson-Stevens Act. Once the Secretary has received the 
documents from the Council, he will publish a notice of availability of 
an FMP amendment and proposed regulations in the Federal Register, and 
seek public comment, before deciding whether to approve or disapprove 
the program. This advanced notice of proposed rulemaking has been 
determined to be not significant for the purpose of Executive Order 
12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 28, 2001.
Clarence Pautzke,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-8167 Filed 4-2-01; 8:45 am]
BILLING CODE 3510-22-S