[Federal Register Volume 66, Number 102 (Friday, May 25, 2001)]
[Proposed Rules]
[Pages 28883-28884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13289]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010510121-1121-01; I.D. 012601B]
RIN 0648-AN23


Fisheries of the Exclusive Economic Zone Off Alaska; Revisions to 
Definition of Length Overall of a Vessel

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to clarify the definition of length overall 
(LOA) of a vessel. This would provide unambiguous guidance to vessel 
owners in determining a vessel's LOA for purposes of Federal fisheries 
management programs and to facilitate NMFS' and the U.S. Coast Guard's 
(USCG) enforcement of LOA requirements in the exclusive economic zone 
(EEZ) off Alaska. The action is intended to further the goals and 
objectives of the Fishery Management Plan (FMP) for Groundfish of the 
Gulf of Alaska and the FMP for the Groundfish Fishery of the Bering Sea 
and Aleutian Islands Area.

DATES: Comments must be received by June 25, 2001.

ADDRESSES: Written comments should be sent to Sue Salveson, Assistant 
Administrator, Sustainable Fisheries Division, NMFS, Alaska Region, 
P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel, or delivered to 
the Federal Building, Fourth Floor, 709 West 9th Street, Juneau, AK, 
and marked Attn: Lori Gravel. Comments also may be sent via facsimile 
(fax) to 907-586-7465. Comments submitted by e-mail or the internet 
will not be accepted. Copies of the Regulatory Impact Review/Initial 
Regulatory Flexibility Analysis (RIR/IRFA) are available from from the 
same address or by calling the Alaska Region, NMFS, at 907-586-7228.

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

SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the EEZ 
off Alaska are managed by NMFS under the 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. This proposed action would clarify 
the definition of vessel LOA, remove the definitions of stem and stern, 
and add a definition for bulwarks.
    Presently, the definition of LOA requires measurement from the 
``foremost part of the stem'' to the ``aftermost part of the stern.'' 
As illustrated by Figure 6 of 50 CFR part 679, this definition is 
intended to be an end-to-end measurement of the vessel and implicitly 
include the bulwarks of a vessel. For purposes of commercial fishing in 
the EEZ off Alaska, vessel LOA was first defined by the final rule 
implementing the observer program (55 FR 4839, February 12, 1990). 
Figure 6 was added to 50 CFR part 679 by a subsequent interpretive rule 
and technical amendment (57 FR 43621, September 22, 1992) that intended 
to clarify that definition. Although NMFS does not explicitly mention 
the term ``bulwarks'' in that interpretive rule/technical amendment, 
the preamble to the rule provides a technical description and 
interpretation of the term ``stem'' as ``the foremost position of the 
vessel, a section of timber or cast, forged, or rolled metal to which 
the sides of a vessel are united at the fore end'' (57 FR 43622). The 
illustration amended to the regulations as Figure 6 clearly depicts the 
inclusion of bulwarks in LOA measurement. NMFS intended the 
interpretative language and the illustration of Figure 6 to clarify the 
definition of LOA to include bulwarks. Moreover, NMFS enforcement 
policy has always included in any LOA measurement bulwarks that 
constitute the foremost or aftermost part of a vessel.
    NMFS recognizes now that the definition of LOA still requires 
clarification. Despite the visual representation of bulwarks as part of 
the LOA in Figure 6, the language of the former interpretative rule is 
overly technical and the terms ``stem'' and ``stern'' remain open to 
misinterpretation. This action would remove ``stem'' and ``stern'' from 
the definition of LOA, add the term ``bulwarks,'' and thus clarify the 
original intent of the regulation that LOA measurement be an end-to-end 
measurement of a vessel.
    Maritime regulations of other Federal agencies such as the USCG 
often use similar terminology to define LOA. However, the terms 
``foremost part of the stem'' and ``aftermost part of the stern'' may 
or may not implicitly include bulwarks in the definition of overall 
vessel LOA. Federal regulators

[[Page 28884]]

define LOA differently for different purposes. For instance, USCG 
regulations at 46 CFR 69.203 use LOA to categorize vessels by buoyant 
hull volume, which cannot include structures such as bulwarks that are 
open to the weather and thus constitute no part of a vessel's buoyant 
hull envelope. These two different uses of the terms ``foremost part of 
the stem'' and ``aftermost part of the stern'' create the potential for 
confusion and inconsistent application of the LOA measurement by the 
regulated public.
    For purposes of managing fisheries, vessel LOA provides NMFS with 
one criterion by which to categorize and manage the diverse capacities 
and capabilities of fishing vessels operating in Federal waters off 
Alaska. Distinguishing vessels by LOA categories allows NMFS to assign 
harvesting privileges in ways that ensure that fishing fleets remain 
relatively diversified between larger and smaller vessels and prevent 
over-consolidation of fishing privileges among any one sector of the 
fisheries, as well as to manage the growth of harvest capacity in a 
fishery and protect the historical character of a fishery and its 
dependent communities.
    LOA categories also allow NMFS to assess the relative ability of 
fishermen to afford the cost of certain regulatory requirements, such 
as those requiring observer coverage.
    Moreover, NMFS enforcement officers and USCG personnel charged with 
monitoring the fisheries for compliance with regulations require a 
practical definition of LOA that will facilitate the measurement of 
LOA. Despite the difficulty of measuring LOA during fishing operations, 
enforcement officers do take such measurements at dockside or at sea to 
ensure a vessel's compliance with regulatory requirements, such as 
observer coverage requirements. Bulwarks are a clearly visible part of 
a vessel's size; as such, including them in LOA measurement would make 
a vessel's length easier to ascertain from dockside or while the vessel 
is at sea.
    For these reasons, NMFS proposes to revise the definition of LOA to 
explicitly include bulwarks, remove the definitions of ``stem'' and 
``stern,'' and add a definition of ``bulwark'' to the definitions in 50 
CFR 679.2. This action would not require a vessel owner to change the 
recorded LOAs of a vessel already registered with NMFS, provided the 
vessel's LOA accurately reflects the vessel's end-to-end measurement as 
shown in Figure 6 of 50 CFR part 679. This figure accurately depicts 
the end-points of LOA measurement. This action would prevent future 
misinterpretation of the regulatory definition of LOA.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an IRFA that analyzes the potential impact of this 
proposed action on small entities for purposes of the Regulatory 
Flexibility Act. While this action is intended simply to clarify the 
existing definition of LOA and thus prevent any misunderstanding or 
equivocation by vessel owners in determining a vessel's LOA. Some of 
the 1,613 vessels currently operating in the EEZ off Alaska under 
Federal Fisheries Permits may find their registered LOAs to be 
inconsistent with the regulatory definition of LOA. Vessels failing to 
have correct LOA measurements may incur costs associated with 
remeasuring their LOA. Unfortunately, at this time, NMFS has 
insufficient data to assess the actual number of such vessels affected 
in this manner, but it believes most LOAs are accurate.
    However, vessels that are near observer coverage thresholds, (125 
ft or 60 ft, as applicable) may incur considerable cost if it is 
determined that their LOA is incorrect and that they should actually be 
subject to a higher level of observer coverage. Approximately 38 
vessels with recorded LOA measurements of 124, 123,and 122 ft may be 
subject to more stringent observer requirements if their LOAs are 
actually 125 ft or greater. Approximately 156 vessels with LOA 
measurements of 57, 58, and 59 ft may be subject to more stringent 
observer requirements if their LOAs are actually 60 ft or greater. Such 
vessels could incur costs of $300/day for an observer.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: May 21, 2001.
William T. Hogarth,
Deputy Asst. Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set forth 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 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. 679.2, the definition for ``bulwark'' is added in 
alphabetical order, the definition for ``length overall of a vessel'' 
is revised; and the definitions for ``stem'' and ``stern'' are removed 
as follows:
* * * * *


Sec.  679.2  Definitions.

* * * * *
    Bulwark means a section of a vessel's side, continued above the 
main deck as a protection against heavy weather.
* * * * *
    Length overall (LOA) of a vessel means the centerline longitudinal 
distance, rounded to the nearest foot, measured between:
    (1) The outside foremost part of the vessel visible above the 
waterline, including bulwarks, but excluding bowsprits and similar 
fittings or attachments, and
    (2) The outside aftermost part of the vessel visible above the 
waterline, including bulwarks, but excluding rudders, outboard motor 
brackets, and similar fittings or attachments (see Figure 6 to this 
part; see also maximum LOA, original qualifying LOA, and 
reconstruction).
* * * * *
[FR Doc. 01-13289 Filed 5-24-01; 8:45 am]
BILLING CODE 3510-22-S