[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Rules and Regulations]
[Pages 6198-6199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2870]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 030808196-4036-03; I. D. 062403C]
RIN 0648-AR13


Fisheries of the Exclusive Economic Zone (EEZ) Off Alaska; 
Provisions of the American Fisheries Act (AFA)

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

ACTION: Final rule; removal of expiration date.

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SUMMARY: NMFS issues a final rule to remove the expiration date of 
regulations published in the Federal Register on December 30, 2002, 
implementing the AFA. The AFA final rule inadvertently specified a 
period of effectiveness that will expire December 31, 2007. This rule 
will make the amendments to the AFA rule permanent, as originally 
intended. This

[[Page 6199]]

action is necessary to implement the AFA consistent with statutory 
requirements, and is intended to do so in a manner consistent with the 
objectives of the Magnuson-Stevens Conservation and Management Act 
(Magnuson-Stevens Act) and other applicable laws.

DATES: The December 31, 2007, expiration date is removed from the rule 
published December 30, 2002, at 67 FR 79692, except for Sec. 679.50, 
which still expires on December 31, 2007.

ADDRESSES: The Final Environmental Impact Statement/Regulatory Impact 
Review/Final Regulatory Flexibility Analysis (FEIS/RIR/FRFA) prepared 
for Amendments 61/61/13/8 is available in the NEPA section of the NMFS 
Alaska Region home page at http:/www.fakr.noaa.gov. Paper copies may be 
obtained from the NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 
99802-1668, Attn: Lori Durall, 907-586-7247.

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

SUPPLEMENTARY INFORMATION: The background regarding this action is 
detailed in the preamble to the proposed rule (68 FR 51147, August 25, 
2003). This action is necessary to make the regulations implementing 
the AFA consistent with statutory requirements. The AFA implementing 
regulations were published on December 30, 2002 (67 FR 79692), became 
effective January 29, 2003, and were corrected on August 18, 2003 (68 
FR 49374).
    NMFS manages the groundfish fishery in the Gulf of Alaska (GOA) 
Exclusive Economic Zone in accordance with the Fishery Management Plan 
for Groundfish of the Gulf of Alaska and the Fishery Management Plan 
for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area 
(FMPs). The FMPs were prepared by the North Pacific Fishery Management 
Council (Council) under the Magnuson-Stevens Act. While the FMPs are 
implemented by regulations at 50 CFR part 679, general regulations 
pertaining to these fisheries are codified in subpart H of 50 CFR part 
600.
    The fisheries in the BSAI are subject to observer requirements 
under regulations at Sec. 679.50. These observer requirements have an 
independent sunset date of December 31, 2007. The AFA implementing 
regulations (67 FR 79692, December 30, 2002) made changes to the 
observer regulations. While the DATES section to that action contained 
a reference to the sunset date for these observer requirements, the 
sunset date was mistakenly applied to the entire final rule. This 
action corrects that error by stating that the phrase ``effective 
through December 31, 2007'' applies only to those paragraphs dealing 
with the observer program (i.e., Sec. 679.50), and that the other 
provisions in the final rule are effective indefinitely.

Comments and Responses

    NMFS received one written comment on the proposed rule.
    Comment. Any regulations promulgated by NMFS are not to be trusted 
because the fishery management councils that recommend regulatory 
changes to NMFS are composed of representatives who seek to enlarge 
their profits instead of being concerned about the overall health of 
marine life. NMFS should act in the best interests of the American 
people as a whole, and not only the commercial fishing public.
    Response. The commenter's concerns are noted. However, the comment 
does not specifically address the purpose of this rule, which is to 
make an administrative change to an effective date as required by 
statute. Rather, the comment indicates a general mistrust for the 
fishery management process. This rule is not intended to make any 
substantive changes to the conservation and management of fishery 
stocks.

Classification

    This final 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 during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. No comments were received regarding this certification. As a 
result, a regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: February 4, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 04-2870 Filed 2-9-04; 8:45 am]
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