[Federal Register Volume 68, Number 169 (Tuesday, September 2, 2003)]
[Proposed Rules]
[Page 52173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22343]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[ID 082503D]
RIN 0648-AQ98


Fisheries of the Exclusive Economic Zone off Alaska; Individual 
Fishing Quota Program; Community Purchase

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

ACTION: Notice of Availability; request for comments.

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SUMMARY: The North Pacific Fishery Management Council (Council) has 
submitted Amendment 66 to the Fishery Management Plan for Groundfish of 
the Gulf of Alaska (FMP). This amendment would modify the Individual 
Fishing Quota (IFQ) Program by revising the definition of an eligible 
quota share holder to allow eligible communities in the Gulf of Alaska 
(GOA) to purchase and hold sablefish quota share (QS) for lease to and 
use by community residents.

DATES: Comments on Amendment 66 must be received at the following 
address by November 3, 2003.

ADDRESSES: Comments on the FMP amendment may be mailed to Sue Salveson, 
Assistant Regional Administrator, Sustainable Fisheries Division, 
Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori 
Durall. Comments may be delivered in person or by courier to the 
Federal Building, 709 West 9th St., Room 413-1, Juneau, AK, 99801. 
Comments also may be sent via facsimile to (907) 586-7557, Attn: Lori 
Durall. Copies of Amendment 66 to the FMP and the Environmental 
Assessment/Regulatory Impact Review/Initial Regulatory Flexibility 
Analysis (EA/RIR/IRFA) prepared for this action by the Council and NMFS 
are available from NMFS at the above address, or by calling the Alaska 
Region, NMFS, at (907) 586-7228.

FOR FURTHER INFORMATION CONTACT: Glenn Merrill, (907) 586-7228, or 
[email protected].

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires that each regional 
fishery management council submit any FMP or FMP amendment it prepares 
to the Secretary of Commerce (Secretary) for review and approval, 
disapproval, or partial approval. The Magnuson-Stevens Act also 
requires that the Secretary, upon receiving an FMP, immediately publish 
a notice in the Federal Register that the FMP or amendment is available 
for public review and comment.
    Amendment 66 was adopted by the Council in April 2002. If approved 
by NMFS, this amendment would allow certain remote communities to 
designate non-profit entities to purchase and hold QS and lease the 
resulting IFQ to community residents. To be eligible for this community 
purchase program, a community would have to have of population of less 
than 1,500 people, no road access to larger communities, and have 
direct access to marine waters of the GOA. Further, the Council 
determined which communities would meet these criteria and this list of 
eligible communities would be specified in the implementing rules. A 
non-profit entity of an eligible community also would have to meet 
criteria to receive QS by transfer and would have to submit annual 
reports. These non-profit entities would be subject to restrictions on 
the amount of quota they may hold individually and in the aggregate, on 
the sale of QS, and the leasing of IFQ.
    Amendment 66 would be necessary to allow sablefish QS to be 
purchased and held by eligible communities because the current FMP 
limits the transfer of QS, with certain exemptions, to individuals and 
not corporate entities. The IFQ Program for Pacific halibut is 
implemented under authority of the North Pacific Halibut Act of 1982 
(Halibut Act) instead of the Magnuson -Stevens Act, and the Council 
does not have a halibut fishery management plan. If this proposed 
policy change is approved, however, the halibut and sablefish 
components would be implemented with the same rules. Amendment 66, and 
its companion regulatory amendment for halibut also is designed to 
comply with the Magnuson-Stevens Act mandate that Regional Councils 
must take into account the importance of fishery resources to 
communities in order to provide for the sustained participation of such 
communities, and to the extent practicable, minimize adverse economic 
impacts on such communities.
    Public comments are being solicited on the amendment through the 
end of the comment period (see DATES). A proposed rule that would 
implement the amendment may be published in the Federal Register for 
public comment following NMFS' evaluation under Magnuson-Stevens Act 
procedures. All comments received by the end of the comment period 
whether specifically directed to the amendment or the proposed rule, 
will be considered in the approval/disapproval decision on the 
amendment. To be considered in the approval/disapproval decision on the 
amendment, comments must be received by the close of business on the 
last day of the comment period on the amendment; that does not mean 
postmarked or otherwise transmitted by that date.

    Dated: August 27, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-22343 Filed 8-29-03; 8:45 am]
BILLING CODE 3510-22-S