[Federal Register Volume 69, Number 6 (Friday, January 9, 2004)]
[Proposed Rules]
[Pages 1563-1564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-464]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 031230329-3329-01; I.D. 120903B]
RIN 0648-AR82


Fisheries Off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Advance Notice of Proposed Rulemaking 
regarding a Trawl Individual Quota Program and to Establish a Control 
Date

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

ACTION: Advance notice of proposed rulemaking; notice of control date 
for the Pacific Coast groundfish fishery; request for comments.

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SUMMARY: The Pacific Fishery Management Council (Council) is 
considering implementing an individual quota (IQ) program for the 
Pacific Coast groundfish limited entry trawl fishery off Washington, 
Oregon and California. The trawl IQ program would change management of 
harvest in the trawl fishery from a trip limit system with cumulative 
trip limits for every 2-month period to a quota system where each quota 
share could be harvested at any time during an open season. The trawl 
IQ program would increase fishermen's flexibility in making decisions 
on when and how much quota to fish. This document announces a control 
date of November 6, 2003, for the trawl IQ program. The control date 
for the trawl IQ program is intended to discourage increased fishing 
effort in the limited entry trawl fishery based on economic speculation 
while the Pacific Council develops and considers a trawl IQ program.

DATES: Comments may be submitted in writing by February 9, 2004.

ADDRESSES: Comments may be mailed to Don Hansen, Chairman, Pacific 
Fishery Management Council, 7700 NE Ambassador Place, Suite 200, 
Portland, OR 97220-1384.

FOR FURTHER INFORMATION CONTACT: The Pacific Fishery Management Council 
at 866-806-7204; or Bill Robinson at 206-526-6140; or Svein Fougner at 
562-980-4000.

SUPPLEMENTARY INFORMATION: The Pacific Fishery Management Council 
(Pacific Council) established under section 302(a)(1)(F) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1852(a)(1)(F)) is considering implementing an individual quota (IQ) 
program for the Pacific Coast groundfish limited entry trawl fishery 
off Washington, Oregon and California. The Pacific Coast groundfish 
limited entry trawl fishery is managed under the Pacific Coast 
Groundfish Fishery Management Plan (FMP) approved on January 4, 1982 
(47 FR 43964, October 5, 1982), as amended 15 times. Implementing 
regulations for the FMP and its amendments are codified at 50 CFR part 
660, subpart G. Additional implementing regulations can be found in the 
specifications and management measures for the Pacific Coast groundfish 
fishery published in the Federal Register, as amended through inseason 
actions. If the Pacific Council recommends and NMFS adopts a trawl IQ 
program, the program would be implemented through a proposed and final 
rulemaking, and possibly an FMP amendment.
    The trawl IQ program would change management of harvest in the 
trawl fishery from a trip limit system with cumulative trip limits per 
vessel for every 2 month period to a quota system where each quota 
share could be harvested at any time during an open season. The trawl 
IQ program would increase fishermen's flexibility in making decisions 
on when and how much quota to fish.
    With the lapse of the moratorium on new individual fishing quotas 
(IFQs) in October 2002, the Regional Fishery Management Councils may 
propose new IFQs and the Secretary of Commerce will review them for 
consistency with the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), in particular section 303(d).
    In advance of a rulemaking on the trawl IQ program, this document 
announces a control date of November 6, 2003, for the trawl IQ program. 
The control date for the trawl IQ program is intended to discourage 
increased fishing effort in the limited entry trawl fishery based on 
economic speculation while the Pacific Council develops and considers a 
trawl IQ program. This control date will apply to any person 
potentially eligible for IQ shares. Persons potentially eligible for IQ 
shares may include vessel owners, permit owners, vessel operators, and 
crew. The control date announces to the public that the Pacific Council 
may decide not to count activities occurring after the control date 
toward determining a person's qualification for an initial allocation 
or determining the amount of initial allocation of quota shares.

[[Page 1564]]

 Groundfish landed from limited entry trawl vessels after November 6, 
2003, may not be included in the catch history used to qualify for 
initial allocation in the trawl IQ program.
    Implementation of any management measures for the fishery will 
require amendment of the regulations implementing the FMP and may also 
require amendment of the FMP itself. Any action will require Council 
development of a regulatory proposal with public input and a supporting 
analysis, NMFS approval, and publication of implementing regulations in 
the Federal Register. The Pacific Council has established an ad-hoc 
Groundfish Trawl Individual Quota Committee to make recommendations on 
the development of IQs in the groundfish fisheries. Meetings of this 
committee are open to the public. Interested parties are urged to 
contact the Pacific Council office to stay informed of the development 
of the planned regulations. Fishers are not guaranteed future 
participation in the groundfish fishery, regardless of their date of 
entry or level of participation in the fishery.
    This advance notice of proposed rulemaking has been determined to 
be not significant for purposes of Executive Order 12866.

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

    Dated: January 6, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 04-464 Filed 1-8-04; 8:45 am]
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