[Federal Register Volume 68, Number 150 (Tuesday, August 5, 2003)]
[Rules and Regulations]
[Pages 46117-46118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19933]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 030417090-3183-02; I.D. 032403C]
RIN 0648-AQ73


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

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

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule to amend eligibility criteria for 
Bering Sea and Aleutian Islands (BSAI) crab species licenses issued 
under the License Limitation Program (LLP) and required for 
participation in the BSAI crab fisheries. This action is necessary to 
allow participation in the BSAI crab fisheries in a manner intended by 
the North Pacific Fishery Management Council (Council). The intended 
effect of this action is to allow vessels with recent participation in 
the BSAI crab fisheries to qualify for a LLP crab species license and 
to conserve and manage the crab resources in the BSAI in accordance 
with the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act).

DATES: Effective on September 4, 2003.

ADDRESSES: Copies of the Environmental Assessment prepared for 
Amendment 10 to the Fishery Management Plan for Bering Sea and Aleutian 
Islands King and Tanner Crabs and the regulatory impact review/initial 
regulatory flexibility analysis (RIR/IRFA) and the Final Regulatory 
Flexibility Analysis (FRFA) prepared for this rule are available from 
NMFS, Alaska Region, P.O. Box 21668, Juneau, AK, 99802, Attn: Lori 
Durall, telephone 907-586-7247.

FOR FURTHER INFORMATION CONTACT: Gretchen Harrington, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the crab fisheries in the 
exclusive economic zone off Alaska under the Fishery Management Plan 
for Bering Sea and Aleutian Islands Management Area for King and Tanner 
Crabs (FMP). The Council prepared the FMP under the authority of the 
Magnuson-Stevens Act. Regulations governing U.S. fisheries and 
implementing this FMP appear at 50 CFR parts 600 and 679.

[[Page 46118]]

Background

    The background information for this action is included in the 
preamble to the proposed rule (68 FR 22667, April 29, 2003); for 
Amendment 10, it is in the preamble to the final rule implementing 
Amendment 10 (66 FR 48813 September 24, 2001); and for the LLP, it is 
in the preamble to the final rule implementing the LLP (63 FR 52642, 
October 1, 1998).
    This action amends the regulatory language at 50 CFR 
679.4(k)(5)(iii) and (iv) to specify that a person who had purchased a 
LLP qualifying fishing history and then fished with his or her vessel 
in the recent participation period (RPP) would qualify for a LLP crab 
species license.

Response to Comments

    NMFS received one comment on the proposed rule.
    Comment: In order to effectively implement the intent of the 
proposed rule, an additional correction to 50 CFR 679.4(k)(5) is 
necessary. The regulatory language at 50 CFR 679.4(k)(5) restricts 
license issuance to individuals that owned a single vessel that was 
used to meet the general qualifying period (GQP), the endorsement 
qualifying period (EQP), and the RPP. This regulatory language also 
implies that licenses are issued when a vessel meets the eligibility 
criteria; however, the LLP program is designed to grant licenses to 
persons that meet the eligibility criteria.
    Response: No additional regulatory change is necessary to implement 
this rule as intended. The comment is correct that persons, rather than 
vessels, meet the eligibility requirements and receive licenses. The 
author's concerns are addressed by the definition of ``eligible 
applicant'' in 50 CFR 679.2, which clarifies that licenses are issued 
to persons who used a vessel to fish or who obtained a LLP qualifying 
fishing history. The regulatory language at 50 CFR 679.4(k)(5) does not 
require a single vessel to meet the GQP, EQP, and RPP requirements. 
Therefore, an additional regulatory change, beyond the scope of the 
changes in this rule, is not required to continue to accurately 
implement the LLP program.

Classification

    NMFS prepared a Final Regulatory Flexibility Analysis to evaluate 
the impacts of this action on small entities, in accordance with the 
provisions of the Regulatory Flexibility Act of 1980 (RFA), as modified 
by the Small Business Regulatory Fairness Act of 1996 (5 U.S.C. 
604(a)). The purposes of this action were described earlier in the 
preamble to the proposed rule, published on April 29, 2003 (68 FR 
22667).
    NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) for 
the proposed rule, which was described in the classifications section 
of the preamble to the proposed rule. The public comment period ended 
on May 14, 2003. No comments were received on the economic impacts of 
the rule.
    NMFS issues a final rule to amend eligibility criteria for BSAI 
crab species licenses issued under the LLP. LLP licenses are required 
for participation in the BSAI crab fisheries. The intended effect of 
this action is to allow three entities with recent participation in the 
BSAI crab fisheries to qualify for an LLP crab species license. This 
action is necessary to allow these entities to participate in the BSAI 
crab fisheries in a manner intended by the Council.
    The entities directly regulated by this action are defined as those 
that did not qualify for an LLP crab species license under the 
regulations implementing Amendment 10, but that would now qualify under 
this final rule. This rule was found to directly regulate three 
entities that may have acquired LLP qualifying fishing history from 
another vessel before making a documented harvest during the RPP. Under 
the rule, each of these entities will qualify for a license that they 
do not currently qualify for, to allow these entities to continue to 
participate in the BSAI crab fisheries. All of these entities were 
assumed to be small entities on the basis of studies suggesting that 
crab fishing operations in the BSAI were predominately small entities 
as defined under the RFA.
    This regulation does not impose new recordkeeping or reporting 
requirements on the regulated small entities.
    Each of these three small entities will benefit by qualifying for a 
LLP crab species license. This action has no adverse impacts on these 
entities. This action mitigates an adverse impact that would occur if 
the status quo were to continue because this rule allows these entities 
to continue to participate in the BSAI crab fisheries.
    A status quo alternative to the action was considered but not 
adopted. Under the status quo, these entities would be denied LLP 
licenses. Status quo would not achieve the stated objective of the 
Council for this action, nor would it minimize the potential adverse 
economic burden on the small entities identified as subject to direct 
regulation by this action.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: June 30, 2003.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
For reasons set out in the preamble, 50 CFR part 679 is amended to read 
as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
1. The authority citation for part 679 continues to read as follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.

0
2. In Sec.  679.4, paragraphs (k)(5)(iii)(A) and (k)(5)(iv) are revised 
to read as follows:


Sec.  679.4  Permits.

* * * * *
    (k) * * *
    (5) * * *
    (iii) Recent participation period (RPP). (A) The RPP is the period 
from January 1, 1996, through February 7, 1998. To qualify for a crab 
species license, defined at Sec.  679.2, a person must have made at 
least one documented harvest of any amount of LLP crab species from a 
vessel during the RPP and must have held a LLP qualifying fishing 
history at the time of that documented harvest. A LLP qualifying 
fishing history meets the documented harvest requirements at paragraphs 
(k)(5)(i) and (k)(5)(ii) of this section.
* * * * *
    (iv) Exception to allow purchase of LLP qualifying fishing history 
after the documented harvest in the RPP. To qualify for a LLP crab 
species license, a person who made a documented harvest of LLP crab 
species during the period from January 1, 1998, through February 7, 
1998, must have obtained, or entered into a contract to obtain, the LLP 
qualifying fishing history by 8:36 a.m. Pacific time on October 10, 
1998,
* * * * *
[FR Doc. 03-19933 Filed 8-4-03; 8:45 am]
BILLING CODE 3510-22-S