[Federal Register Volume 68, Number 141 (Wednesday, July 23, 2003)]
[Proposed Rules]
[Pages 43483-43486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18734]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 030314059-3173-02; I.D. 062003A]
RIN 0648-AQ48


Fisheries of the Exclusive Economic Zone (EEZ) Off Alaska; Salmon 
Fisheries off the Coast of Alaska

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 correct the definition of the area in which 
salmon fishing regulations implementing the Fishery Management Plan for 
the Salmon Fisheries in the EEZ off the Coast of Alaska (Salmon FMP) 
apply, to remove the words ``high seas'' wherever they appear in the 
salmon fishing regulations, and to remove an obsolete reference to the 
North Pacific Fisheries Act of 1954 from the salmon fishing 
regulations. This action is necessary to make the regulations 
consistent with the area definition approved by the Secretary of 
Commerce (Secretary) in Amendment 3 to the Salmon FMP. The intended 
effect of this action is

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regulatory consistency with the provisions of Amendment 3 to the Salmon 
FMP and improved conservation and management of the salmon fisheries 
off the coast of Alaska.

DATES: Comments must be received no later than August 22, 2003.

ADDRESSES: Comments may be sent to Sue Salveson, Assistant 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802-1668, (Attn: Lori Durall). Hand or 
courier deliveries of comments may be sent to NMFS, Alaska Region, 709 
West 9th Street, Room 420, Juneau, AK 99801. Comments also may be sent 
via facsimile (fax) to 907-586-7557. Comments will not be accepted if 
submitted via e-mail or the Internet.
    Copies of the Regulatory Impact Review (RIR) may be obtained from 
the Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802 1668, Attn: 
Lori Gravel-Durall.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7228 or e-
mail at [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The salmon fishery in the EEZ off the Coast of Alaska is managed 
pursuant to the Salmon FMP 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. 
Implementing regulations originally appeared at 50 CFR part 674.
    The original Salmon FMP provided for the management of the salmon 
fisheries throughout the EEZ off the coast of Alaska except for the 
extreme western part of the EEZ west of 175[deg] E. long., near Attu 
Island. The Council excluded this extreme western part of the EEZ 
because this area was under the jurisdiction of the International 
Convention for the High Sea Fisheries of the North Pacific Ocean. The 
original name of the salmon FMP was the ``Fishery Management Plan for 
the High Seas Salmon Fishery off the Coast of Alaska East of 175 
Degrees East Longitude.''
    Over time, the international regime affecting salmon fisheries 
changed and the Council revisited its salmon management policies. In 
1989, the Council adopted Amendment 3 to the FMP which, among other 
things, renamed the FMP to ``Fishery Management Plan for the Salmon 
Fisheries in the EEZ off the Coast of Alaska,'' deferred regulation of 
the salmon fisheries in the EEZ to the State of Alaska, and extended 
the geographic jurisdiction of the Salmon FMP over waters of the EEZ 
west of 175[deg] E. long. The Secretary approved Amendment 3 to the FMP 
in 1990 and published a final rule on November 15, 1990 (55 FR 47773) 
implementing associated measures and removing all the specific 
management measures from 50 CFR part 674. The 1990 implementing 
regulations unintentionally omitted the new title of the FMP and the 
extension of the geographic jurisdiction of the FMP. No public comment 
was received on this or on any of the other changes made by Amendment 
3, and the entire amendment was non-controversial.
    In compliance with required consolidation of all Federal fishery 
regulations pursuant to President Clinton's Regulatory Reform 
Initiative, NMFS Alaska Region combined all existing fisheries 
regulations for the EEZ off Alaska, including part 674, into a new 50 
CFR part 679 (62 FR 19686, April 23, 1997). This final rule recodified 
the two regulatory provisions that NMFS erroneously failed to revise in 
its 1990 rulemaking that implemented Amendment 3. Moreover, NMFS erred 
again in the regulatory consolidation by redefining the ``High Seas 
Salmon Management Area'' as ``the portion of the EEZ off Alaska east of 
175[deg] E. long.'' This new error reinstated the definition of the 
Salmon FMP management area effective prior to approval of Amendment 3 
by eliminating waters west of 175 degrees east longitude from the 
management area. Consequently, the current regulations implementing the 
Salmon FMP fail to give regulatory effect to the expansion of 
geographic jurisdiction adopted in Amendment 3.
    A correction notice was published (67 FR 44093, July 1, 2002) to 
change the name of the Salmon FMP as it appears in 50 CFR 679.1(i) to 
be consistent with the Salmon FMP as amended and approved by the 
Secretary.
    This action proposes to correct the second omission in the 
regulations in order to completely implement Amendment 3, by revising 
the language that describes the geographic jurisdiction of the Salmon 
FMP as described in Amendment 3.
    This action also incorporates other changes. The specific changes 
proposed by this action are as follows:

Section 679.1 Purpose and Scope

    Section 679.1(h) would be revised to remove the reference to 
175[deg] E. long., and to restate the application of State of Alaska 
regulations consistent with the approved Salmon FMP, as shown in the 
following table.

              Table 1. Proposed changes to regulatory text.
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               Existing text                        Proposed text
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(i) Fishery Management Plan for the Salmon  (i) Fishery Management Plan
 Fishery in the EEZ off the Coast of         for the Salmon Fishery in
 Alaska (Salmon FMP).Regulations in this     the EEZ off the Coast of
 part govern fishing for salmon by fishing   Alaska (Salmon FMP)
 vessels of the United States in the EEZ    (1) Regulations in this part
 seaward of Alaska east of 175[deg] E.       govern fishing for salmon
 long., referred to as the High Seas         by fishing vessels of the
 Salmon Management Area.                     United States in the Salmon
                                             Management Area.
                                            (2) State of Alaska laws and
                                             regulations that are
                                             consistent with the Salmon
                                             FMP and with the
                                             regulations in this part
                                             apply to vessels of the
                                             United States that are
                                             fishing for salmon in the
                                             Salmon Management Area.
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Section 679.2 Definitions

    The definitions of ``High Seas Salmon Management Area,'' 
``Commercial fishing,'' paragraph (1),'' ``personal use fishing,'' and 
``Optimum yield,'' paragraph (1) would be revised to remove the term 
``high seas'' which was made obsolete by approval of Amendment 3.

Section 679.3 Relation to Other Laws

    The heading of Sec.  679.3(f), Sec.  679.3(f)(1), and Sec.  
679.3(f)(3) would be revised to remove ``High Seas Salmon'' and add in 
its place ``Salmon.''

Section 679.4 Permits

    Section 679.4 would be revised to remove the term ``High Seas 
Salmon'' in 26 places where the term occurs in headings and paragraphs.

Section 679.7 Prohibitions

    The heading for Sec.  679.7(h) would be revised to remove the term 
``High Seas Salmon'' and add in its place ``Salmon.'' Section 
679.7(h)(1) would be removed because it refers to the North Pacific 
Fisheries Act of 1954, 16 U.S.C. 1021-1035, which is no longer in 
effect. Paragraph (h)(2) would be redesignated as introductory 
paragraph (h) and would be revised to remove the term ``High Seas 
Salmon'' and add in its place ``Salmon.''
    Figure 23 to 50 CFR part 679 would be added to present a map 
showing the location of the Salmon Management Area.

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Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The proposed rule would extend the jurisdiction of the Salmon Fishery 
Management Plan (FMP) to the EEZ waters west of 175[deg] E. long, so 
that it is consistent with the provisions of Amendment 3 to the FMP. 
This proposed rule will have no effect on any small entities because 
there is no domestic salmon fishery in these waters, there has not been 
any domestic salmon fishing in these waters for 40 years, and NMFS 
expects no salmon fishing to develop in these waters in the forseeable 
future. As a result, an initial regulatory flexibility analysis was not 
prepared.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, International organizations, Recordkeeping and 
reporting.

    Dated: July 17, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out 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.
    2. In Sec.  679.1, paragraph (i) is revised to read as follows:


Sec.  679.1  Purpose and scope.

* * * * *
    (i) Fishery Management Plan for the Salmon Fisheries in the EEZ off 
the Coast of Alaska (Salmon FMP). (1) Regulations in this part govern 
fishing for salmon by fishing vessels of the United States in the 
Salmon Management Area.
    (2) State of Alaska laws and regulations that are consistent with 
the Salmon FMP and with the regulations in this part apply to vessels 
of the United States that are fishing for salmon in the Salmon 
Management Area.
* * * * *
    3. In Sec.  679.2 , the definition for ``High Seas Salmon 
Management Area'' is removed; the definitions for ``Commercial 
fishing,'' paragraph (1); ``Optimum yield'' paragraph (1); and 
``Personal use fishing,'' are revised and the definition for ``Salmon 
Management Area'' is added, alphabetically to read as follows:


Sec.  679.2  Definitions.

* * * * *
    Commercial fishing means:
    (1) For purposes of the salmon fishery, fishing for salmon for sale 
or barter.
* * * * *
    Optimum yield means:
    (1) With respect to the Salmon Fishery, that amount of any species 
of salmon that will provide the greatest overall benefit to the Nation, 
with particular reference to food production and recreational 
opportunities, as specified in the Salmon FMP.
* * * * *
    Personal use fishing means, for purposes of the salmon fishery, 
fishing other than commercial fishing.
* * * * *
    Salmon Management Area means the waters of the EEZ off the coast of 
Alaska (see Figure 23 to part 679), including parts of the North 
Pacific Ocean, Bering Sea, Chukchi Sea, and Beaufort Sea. The Salmon 
Management Area is divided into a West Area and an East Area with the 
border between the two at the longitude of Cape Suckling (143 53'36'' 
W):
    (1) The West Area is the area of the EEZ off the coast of Alaska 
west of the longitude of Cape Suckling (143[deg]53'36'' W.) It includes 
the EEZ in the Bering Sea, Chukchi Sea, and Beaufort Sea, as well as 
the EEZ in the North Pacific Ocean west of Cape Suckling.
    (2) The East Area is the area of the EEZ off the coast of Alaska 
east of the longitude of Cape Suckling (143[deg]53'36'' W.).
* * * * *
    4. In Sec.  679.7, paragraph (h) is revised to read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (h) Salmon fisheries. (1) Fish for, take, or retain any salmon in 
violation of this part.(2) Engage in fishing for salmon in the Salmon 
Management Area defined at Sec.  679.2 and Figure 23 to this part, 
except to the extent authorized by Sec.  679.4(h).
* * * * *


Sec.  Sec.  679.3 and 679.4  [Amended]

    5. In addition to the amendment set out above, in 50 CFR part 679, 
remove the words ``High Sea Salmon'' and add in their place the word 
``Salmon'' in the following places:
    a. In Sec.  679.3:
    The heading for paragraph (f), introductory text, (f)(1), and 
(f)(3).
    b. In Sec.  679.4:
    Paragraph (a)(1)(v),
    The heading and paragraph (h) introductory text,
    Paragraphs (h)(1), (h)(1)(iii), (h)(3), (h)(4), (h)(5)(i), 
(h)(5)(i)(A), (h)(5)(i)(B), (h)(5)(i)(C), (h)(5)(ii), (h)(6) 
introductory text, (h)(6)(iv), (h)(7)(i), (h)(8), (h)(10),
    The heading for paragraph (h)(13) introductory text,
    Paragraphs (h)(13)(i), (h)(13)(ii)(A), (h)(13)(ii)(E), (h)(14)(i), 
(h)(15)(i), (h)(15)(iii), (h)(15)(vii), (h)(16)(i).


Sec.  679.4  [Amended]

    6. In Sec.  679.4(h)(2), remove the words ``High Seas Management 
Area'' and add in their place the words ``Salmon Management Area.''
    7. In part 679, Figure 23 is added to read as follows:
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[FR Doc. 03-18734 Filed 7-22-03; 8:45 am]
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