[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]
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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.
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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.
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(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.
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[FR Doc. 04-10208 Filed 5-4-04; 8:45 am]
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