[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Proposed Rules]
[Pages 25056-25057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10208]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 040427134-4134-01; I.D. 042004D]
RIN 0648-AR64


Fisheries of the Exclusive Economic Zone Off Alaska; Fish Meal

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

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes to allow processors to use the offal from 
Pacific salmon (salmon) and Pacific halibut (halibut) intended for the 
Prohibited Species Donation (PSD) program for commercial products 
including fish meal, fish oil, and bone meal. This action is necessary 
to change current regulations which prohibit the sale of any parts of 
salmon or halibut that are processed under the PSD program. This action 
is intended to promote the objectives of the PSD program and the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).

DATES: Comments on the proposed rule must be received on or before June 
4, 2004.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, Attn: 
Lori Durall. Comments may be submitted by:
    [bul] Mail to NMFS, P.O. Box 21668, Juneau, AK 99802-1668;
    [bul] Hand delivery to the Federal Building, Room 420A, 709 West 
9th Street, Juneau, Alaska;
    [bul] FAX to 907-586-7557;
    [bul] E-mail to [email protected] and include in the subject 
line of the e-mail comment the document identifier: 0648-AR64; or
    [bul] Website to the Federal eRulemaking Portal at 
http:www.regulations.gov and following the instructions at that site 
for submitting comments.
    Copies of the Categorical Exclusion and Regulatory Impact Review 
prepared for this action, and the Environmental Assessment prepared for 
Amendments 26/29 and Amendments 50/50, may be obtained from the same 
address.

FOR FURTHER INFORMATION CONTACT: Jay Ginter, 907-586-7228, or 
[email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
exclusive economic zone of the Bering Sea and Aleutian Islands 
Management Area (BSAI) under the Fishery Management Plan for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands Area (BSAI 
FMP). NMFS manages the groundfish fishery in the exclusive economic 
zone of the Gulf of Alaska (GOA) under the Fishery Management Plan for 
Groundfish of the Gulf of Alaska (GOA FMP). The North Pacific Fishery 
Management Council (Council) prepared, and NMFS approved, the BSAI and 
GOA FMPs under the authority of the Magnuson-Stevens Act (16 U.S.C. 
1801 et seq.). Regulations implementing the BSAI and GOA FMPs appear at 
50 CFR part 679. General regulations governing U.S. fisheries also 
appear at 50 CFR part 600.

Background

    Prohibited species are defined at Sec.  679.2 to include all 
species of salmon, steelhead trout, halibut, Pacific herring, king crab 
and Tanner crab caught by a vessel regulated under part 679 while 
fishing for groundfish in the BSAI or GOA.
    All prohibited species catch (PSC) is to be avoided, but if caught 
while fishing for groundfish, prohibited species must be returned to 
the sea with a minimum of injury, under regulations at Sec.  679.21.
    Some groundfish fishing vessels are incapable of sorting their 
catch at sea, and deliver their entire catch to an onshore processor or 
a processor vessel. Sorting and discarding of prohibited species occurs 
at delivery. To reduce the amount of edible protein discarded in that 
process, the Council initially recommended the PSD program for salmon, 
which was implemented by NMFS in 1996. The program was expanded to 
include halibut in 1997. Regulations implementing the PSD program are 
codified at Sec.  679.26.
    The PSD program allows PSC salmon and halibut to be processed and 
distributed through tax-exempt hunger relief organizations. The 
implementing regulations prohibit authorized

[[Page 25057]]

distributors from consuming or retaining prohibited species for 
personal use. They may not sell, trade or barter any prohibited species 
that is retained under the PSD program.
    In 2001, processors stopped retaining salmon under the PSD program 
because current regulations prohibit them from processing and selling 
the waste parts of salmon (eg. heads, guts, bones, skin) that are not 
distributed under the PSD program. Processors found it impractical to 
separate this offal from the offal of commercial groundfish that are 
rendered into meal and oil products that may be subsequently marketed.
    To stop the processing of PSC salmon and halibut for this reason, 
however, would defeat the PSD program's purpose of donating fish for 
hunger relief that otherwise would be discarded. Therefore, NMFS 
Enforcement issued an advisory bulletin on April 4, 2002 (Information 
Bulletin 02-30), stating that NMFS would not enforce regulations that 
prohibit converting halibut or salmon offal into meal under the PSD 
program. According to the bulletin, ``NMFS does not believe that 
retention of Pacific halibut or salmon heads and guts for meal 
constitutes sufficient potential for revenue to undermine the intent of 
the PSD program. Rather, concern continues to be focused on prohibiting 
the sale, trade or barter of edible flesh. Therefore, NMFS intends to 
propose regulations that would clarify the conditions under which parts 
of prohibited species may be retained by a processor in a manner that 
would not undermine the intent of the PSD program.''
    This proposed rule would amend the PSD program regulations at Sec.  
679.26 (d) to allow processors to convert offal from salmon or halibut 
that has been prepared for the PSD program into fish meal, fish oil, or 
bone meal, and retain the proceeds from the sale of these products. No 
other regulatory changes are proposed.

Classification

    NMFS has determined that the proposed rule is consistent with the 
BSAI and GOA FMPs and initially determined that the rule is consistent 
with the Magnuson-Stevens Act and other applicable laws.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS has determined that this action is categorically excluded from 
the requirement to prepare an environmental assessment, in accordance 
with NAO 216-6. The rule falls within the scope of alternatives and 
impacts addressed in the Environmental Assessments prepared for the 
BSAI and GOA FMPs Amendments 26/29 and Amendments 50/50 (see ADDRESSES) 
and implements only minor changes that do not have the potential to 
pose significant impacts on the quality of the human environment.
    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. 
Certification of this action is appropriate for the following reasons:
    1. The proposed rule does not impose any additional requirements on 
entities. Participation in the PSD program is voluntary, so an entity 
that found the program requirements onerous could stop participating 
without financial cost to itself. Moreover, the action relieves a 
restriction on entities that choose to participate in the PSD program. 
By explicitly allowing participating processors to sell the offal of 
PSC species, this action would allow participating processors to 
convert offal into commercial products. Finally, for practical 
purposes, the proposed rule would bring regulations into conformity 
with established enforcement policy, thereby maintaining current 
fishing and processing practices. For these reasons, this action does 
not have a significant economic impact on any regulated entities, large 
or small.
    2. This action does not have an impact on any small entities. Three 
seafood processing firms in Dutch Harbor have participated in the PSD 
program. None of these firms are small entities within the meaning of 
the Regulatory Flexibility Act. Under criteria established by the Small 
Business Administration, a seafood processor is a small business if it 
is independently owned and operated, not dominant in its field of 
operation, and employs 500 or fewer persons on a full-time, part-time, 
temporary, or other basis, at all its affiliated operations worldwide. 
None of the three participating firms meet this standard.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: April 29, 2004.
Rebecca Lent
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set forth 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.; Title II of Division C, Pub. L. 105-277; Sec. 3027, Pub. L. 
106-31, 113 Stat. 57.
    2. In Sec.  679.26, paragraph (d)(3) is revised to read as follows:


Sec.  679.26  Prohibited Species Donation Program.

* * * * *
    (d) ***
    (3) Authorized distributors and persons conducting activities 
supervised by authorized distributors may retain prohibited species 
only for the purpose of processing and delivering the prohibited 
species to hunger relief agencies, food networks or food distributors 
as provided by this section. Such persons may not consume or retain 
prohibited species for personal use and may not sell, trade or barter, 
or attempt to sell, trade or barter any prohibited species that is 
retained under the PSD program, except that processors may convert 
offal from salmon or halibut that has been retained pursuant to the PSD 
program into fish meal, fish oil, or bone meal, and sell or trade these 
products.
* * * * *
[FR Doc. 04-10208 Filed 5-4-04; 8:45 am]
BILLING CODE 3510-22-S