[Federal Register Volume 70, Number 243 (Tuesday, December 20, 2005)]
[Rules and Regulations]
[Pages 75419-75422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24152]



[[Page 75419]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 679 and 680

[Docket No. 040831251-5309-05; I.D. 082504A]
RIN 0648-AS47


Fisheries of the Exclusive Economic Zone Off Alaska; Allocating 
Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources; 
Correction

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

ACTION: Final rule; correcting amendment.

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SUMMARY: NMFS issues this final rule, correcting amendment to the 
regulations governing the Bering Sea and Aleutian Islands crab 
fisheries. This action is necessary to clarify procedures and to 
correct discrepancies provided in a previous rulemaking. This final 
rule is intended to promote the goals and objectives of the Fishery 
Management Plan for Bering Sea/Aleutian Islands (BSAI) King and Tanner 
Crabs (FMP), the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act), and other applicable law.

DATES: Effective December 20, 2005.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7008 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    In January 2004, the U.S. Congress amended section 313(j) of the 
Magnuson-Stevens Act through the Consolidated Appropriations Act of 
2004 (Pub. L. 108-199, section 801). As amended, section 313(j)(1) 
requires the Secretary of Commerce to approve and implement by 
regulation the Crab Rationalization Program (Program), as it was 
approved by the North Pacific Fishery Management Council (Council) 
between June 2002 and April 2003, and all trailing amendments, 
including those reported to Congress on May 6, 2003. In June 2004, the 
Council consolidated its actions on the Program into the Council 
motion, which is contained in its entirety in Amendment 18. 
Additionally, in June 2004, the Council developed Amendment 19, which 
represents minor changes necessary to implement the Program. The Notice 
of Availability for these amendments was published in the Federal 
Register on September 1, 2004 (69 FR 53397). NMFS published a proposed 
rule to implement Amendments 18 and 19 on October 29, 2004 (69 FR 
63200). NMFS approved Amendments 18 and 19 on November 19, 2004. NMFS 
published a final rule to implement Amendments 18 and 19 on March 2, 
2005 (70 FR 10174). NMFS published a final rule (70 FR 13097; March 18, 
2005) to correct OMB control numbers provided in the final rule dated 
March 2, 2005 (70 FR 10174). NMFS also published a final rule (70 FR 
33390; June 8, 2005) to correct certain regulations in the final rule 
dated March 2, 2005 (70 FR 10174).

Need for Corrections

    NMFS seeks to ensure the final rule (March 2, 2005; 70 FR 10174) 
conforms to the statutory requirements and intent of the Program, to 
provide clarification regarding the Program's regulatory requirements, 
and to correct minor technical errors.

1. Statutory Conformance Corrections

    These corrections are made to sections of the rule that do not 
currently conform to the statutory requirements of the Program. This 
correction ensures that the final rule conforms to statutory 
requirements.
Section 680.20 Arbitration System
    Paragraph (a)(1) is amended by removing ``June 30, 2005'' and 
adding in its place ``June 30, 2008''. This correction ensures that the 
final rule conforms to statutory requirements.
    Paragraph (h)(5)(iv) is amended by removing ``arbitration 
proceedings as provided'' and adding in its place ``arbitration 
proceedings except as provided''.
Section 680.40 Quota Share (QS), Processor QS (PQS), Individual Fishing 
Quota (IFQ), and Individual Processor Quota (IPQ) Issuance
    Paragraph (c)(4)(vi) is amended by removing ``equation: Adj. 
Factor'' and adding in its place ``equation: Adj. Amount.''

2. Regulatory Intent Corrections and Clarifications

    These corrections are clarifications that explain regulatory 
changes that are more substantive than typographical/editorial type 
corrections.
Section 679.5 Recordkeeping and Reporting Requirements (R&R)
    Paragraph (a)(1)(iv)(C) is added to state that any catcher vessel 
that is using pot gear in the CR crab fisheries must use a combined 
groundfish/IFQ logbook to record all CR crab. This note was 
inadvertently omitted from the crab final rule. This regulatory text is 
found at Sec.  680.5(a)(2)(i)(A); therefore, this is not a new 
requirement.
    Paragraph (g)(3)(iii) is amended by removing the words ``and 
indicate the confirmation number of the original PTR'' from the last 
line of the paragraph. Paragraph (g)(4)(i) is revised by removing the 
last sentence from the paragraph. Removal of the confirmation number is 
necessary because in actual PTR use, NMFS discovered that the 
confirmation number was not needed for recordkeeping and that the 
confirmation number caused confusion.
    The heading for paragraph (k)(1) is amended by removing ``Fish or 
fish product other than crab onboard'' and replacing it with ``Fish or 
fish product onboard.'' Early in the planning stages, the PTR was not 
to be used for crab. Later on, the decision was made to use the PTR to 
record crab product; however, this regulatory heading was inadvertently 
not changed.
Section 680.5 Recordkeeping and Reporting
    Paragraph (b)(2) is amended by removing ``An RCR must'' and adding 
in its place ``An RCR and his or her designee(s) must''.
    Paragraph (b)(3) is removed and reserved. Only the RCR and his or 
her designees must apply for a password. The information contained in 
this paragraph has been included in the eLanding report (see paragraph 
(d)(7)). Because it is the same information, only requested in a 
different place, this change does not add new information.
    The heading of paragraph (c)(1) is amended by removing ``IERS 
application for user ID'' and adding in its place ``IERS processor 
registration.'' The three agencies involved in the IERS determined to 
change the name of the form, and the changed forms subsequently posted 
on the Internet. This change inadvertently was not reflected in the 
regulatory text. This revision ensures that the regulations are uniform 
with the form.
    Paragraph (c)(1)(i) is amended to reflect actual practice that an 
RCR and designee(s) of the RCR must submit an application for User ID, 
instead of ``the crab IFQ permit holder, crab IFQ hired master, IPQ 
permit holder, or person who harvested Adak or CDQ crab.'' In addition, 
the web page address and specific reference to the landing reporting 
system, eLandings, are added. The name of the form required to obtain a 
User ID is changed to read ``IERS processor registration'' in the 
heading for paragraph (c)(1) and in paragraph (c)(1)(i).

[[Page 75420]]

    Paragraph (c)(1)(ii) is amended to clarify how the IERS processor 
registration information will be processed. The form must be signed and 
mailed to the address on the form in addition to submittal by Internet.
    Changes to paragraphs (c)(1)(i) and (ii) are necessary to indicate 
that only the RCR and his/her designees submit landing data; therefore, 
only these participants are required to submit an IERS processor 
registration form. These changes also clarify that applicants may 
obtain IERS processor registration forms from the NMFS Alaska Region 
home page.
    The heading for paragraph (c)(2) is amended by removing ``Contents 
of IERS application for user ID'' and adding in its place ``Contents of 
IERS processor registration.''
    The introductory paragraph (c)(2) is amended by removing ``The IERS 
application for user ID'' and adding in its place ``The application for 
IERS processor registration.''
    Paragraph (d)(4)(i) is amended by removing ``within 6 hours of the 
end of each weekly reporting period'' and adding in its place ``by 
Tuesday noon after the end of each weekly reporting period.'' The time 
limit for submitting this catcher/processor report in existing 
regulatory text actually means the report would need to be submitted 
between midnight and 6:00; this is because the weekly reporting period 
ends at 2400 hr, Alaska local time. In addition to the inconvenience to 
the regulated community, this is also difficult for NMFS, because the 
Internet server isn't processing return receipts during that time, and 
no staff are available for technical support. The original paragraph 
does not reflect the intent of the time limit for submitting of the 
crab landing report, which was intended to match the time limit for 
submitting the groundfish weekly production report. This revision fixes 
that problem.
    Paragraph (d)(7)(i) is amended by removing ``RCR permit number'' 
and adding in its place ``RCR permit number, IFQ permit number, and IPQ 
permit number, as appropriate.'' The regulations currently request the 
IFQ permit number and IPQ permit number in paragraph (b)(3). In actual 
practice the IFQ and IPQ permit number are requested in the landing 
report. In addition, no other person than the RCR and his/her designees 
need to obtain a password; therefore, with this action, paragraph 
(b)(3) is removed and reserved.
    Paragraph (d)(7)(xxi) is amended by removing ``scale weight of live 
crab in pounds;'' and adding in its place ``sold weight of live crab in 
pounds.'' This change is necessary to align the regulations with actual 
practice.
Section 680.23 Equipment and Operational Requirements
    Paragraph (b)(4) is amended by removing ``by the State in which the 
product is landed'' and adding in its place ``by a state in which CR 
crab is landed''. Current regulations require that a catcher/processor 
offload crab product and weigh that product on a scale approved by the 
state in which the crab is landed. Rationale for this change is as 
follows. In some cases, crab catcher/processors may offload product in 
more than one state. Because scale approval requirements are similar 
and adequate in all states, it does not make sense for a catcher/
processor to be required to have the offload scale approved by more 
than one state. Regulations at Sec.  680.23(b)(4) are revised to allow 
a crab catcher/processor to use a scale approved by any state where CR 
crab is landed.
Section 680.42 Limitations on Use of QS, PQS, IFQ, and IPQ
    Paragraph (b)(3)(iii) is amended by removing ``QS or IFQ'' and 
adding in its place ``PQS.'' This corrects an inadvertent error.
    Paragraph (c)(2) is amended by removing ``CPC QS used'' and adding 
in its place ``CPC IFQ used''. This corrects an inadvertent error.
    Paragraph (c)(4) is amended by removing ``IFQ'' in two places and 
adding in its place ``CVO or CPO IFQ.'' This corrects an inadvertent 
error.
Figures 16 and 17 to Part 679
    Figures 16 and 17 to Part 679 are removed. These figures relate to 
the License Limitation Program boundaries that were revised in the crab 
final rule. The removal of these figures clarifies potential confusion.

3. Technical Corrections

    The following typographical and editorial corrections are made in 
this rule.
Section 679.5 Recordkeeping and Reporting (R&R)
    Paragraph (l)(1)(iii)(B) is amended by removing ``Table 14'' and 
adding in its place ``Tables 14a and 14b.''
Section 680.20 Arbitration System
    Paragraph (h)(3)(iv) is amended by removing ``a crab fishery'' and 
adding in its place ``each crab fishery.'' This change is necessary for 
clarification.
Section 680.42 Limitations on Use of QS, PQS, IFQ, and IPQ
    Paragraphs (a)(2)(i)(A), (B), and (C) are changed to correct 
inadvertent typographical errors.
    Paragraph (a)(2)(i)(A) is amended by removing ``2.0% = 240,00'' and 
adding in its place ``2.0% = 240,000''.
    Paragraph (a)(2)(i)(B) is amended by removing ``2.0% = 600,00'' and 
adding in its place ``2.0% = 600,000''.
    Paragraph (a)(2)(i)(C) is amended by removing ``2.0% = 120,00'' and 
adding in its place ``2.0% = 120,000''.
    Paragraph (a)(3)(ii) is amended by removing ``(a)(2)(i)'' and 
adding in its place ``(a)(3)(i)''.
    Paragraph (a)(4)(ii) is amended by removing ``(a)(2)(i)'' and 
adding in its place ``(a)(4)(i)''.
Table 9 to Part 680
    Table 9 is amended by removing ``totally'' from Column B for BST 
and adding in its place ``total''.

Classification

    The Administrator, Alaska Region, NMFS (Regional Administrator), 
has determined that this final rule is necessary for the conservation 
and management of the BSAI crab fisheries. The Regional Administrator 
also has determined that this final rule is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    Pursuant to 5 U.S.C. 553 (b)(B), the Assistant Administrator for 
Fisheries, NOAA (AA) finds good cause to waive prior notice and an 
opportunity for public comment on this action, as notice and comment 
would be impracticable, unnecessary, and contrary to the public 
interest. Through this action, NOAA seeks to ensure that the final rule 
conforms to the statutory requirements and intent of the Program, 
provide clarification regarding the Program's regulatory requirements 
and correct minor technical errors. Prior notice and an opportunity for 
public comment on this action would be impracticable, unnecessary, and 
contrary to the public interest for the following reasons.
    First, corrections are necessary to ensure the rule's conformance 
with the Program's statutory requirements. Accordingly, NMFS has no 
discretion as to whether to implement them. As such, prior notice and 
an opportunity for public comment are unnecessary as the agency has no 
choice but to ensure its regulations are consistent with the statute. 
Second, corrections and clarifications to ensure the rules

[[Page 75421]]

compliance with the intent of the Program are necessary to ensure 
consistency and to accurately describe the various provisions of the 
regulations. Prior notice and an opportunity for public comment on 
these measures are impracticable and contrary to the public interest 
due to the ongoing nature of the fisheries. Finally, the editorial 
changes made by this rule are non-substantive. As a result, prior 
notice and an opportunity for comment on these changes are unnecessary.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.
    The changes made by this rule are not subject to the 30-day delay 
in effective date requirement of 5 U.S.C. 553(d). The waiver of the 30-
day delay in effective date requirement of 5 U.S.C. 553(d) is necessary 
to provide the regulated community with timely, adequate and accurate 
information with which to prosecute the ongoing fisheries.

List of Subjects in 50 CFR Parts 679 and 680

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: December 5, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

0
For the reasons discussed in the preamble, 50 CFR parts 679 and 680 are 
corrected by making the following correcting amendments:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
1. The authority citation for 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; 16 U.S.C. 1540(f).

0
2. In Sec.  679.5, add paragraph (a)(1)(iv)(C); revise the heading for 
paragraph (k)(1) and revise paragraphs (g)(3)(iii), (g)(4)(i), and 
(l)(1)(iii)(B) to read as follows:


Sec.  679.5  Recordkeeping and reporting (R&R).

    (a) * * *
    (1) * * *
    (iv) * * *
    (C) Any catcher vessel that is using pot gear in the CR crab 
fisheries must use a combined groundfish/IFQ logbook to record all CR 
crab.
* * * * *
    (g) * * *
    (3) * * *
    (iii) If any information on the original PTR changes prior to the 
first destination of the shipment, submit a revised PTR by facsimile or 
electronic file to OLE, Juneau, AK (907-586-7313), by 1200 hours, 
A.l.t., on the Tuesday following the end of the applicable weekly 
reporting period in which the change occurred.
    (4) * * *
    (i) Original or revised PTR. Whether a submittal is an original or 
revised PTR.
    (k) * * *
    (1) Fish or fish product onboard. * * *
* * * * *
    (l) * **
    (1) * * *
    (iii) * * *
    (B) Port of landing and port code from Tables 14a and 14b to this 
part;
* * * * *

PART 679--[AMENDED]

0
3. Remove Figures 16 and 17 to Part 679.

PART 680--SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF 
ALASKA

0
4. The authority citation for part 680 continues to read as follows:

    Authority: 16 U.S.C. 1862.

0
5. In Sec.  680.5, revise paragraph (b)(2), (c)(1) paragraph heading, 
(c)(1)(i), (c)(1)(ii), (c)(2) paragraph heading and first sentence, and 
remove and reserve paragraph (b)(3) to read as follows:


Sec.  680.5  Recordkeeping and reporting (R&R).

* * * * *
    (b) * * *
    (2) An RCR and his or her designee(s) must enter his or her 
authorized user ID and password to access the IERS.
* * * * *
    (c) * * *
    (1) IERS processor registration. (i) Before an RCR and his or her 
designee(s) can use the eLandings system to report landings, he/she 
must request authorization to use the system, reserve a particular user 
ID, and receive a password. Each RCR and his or her designee(s) must 
provide information needed to process account access into the IERS by 
completing an IERS Processor Registration at http://www.fakr.noaa.gov/sustainablefisheries/crab/crfaq.htm. Upon receiving the signed 
registration, the IERS will validate that all required information is 
submitted, that the information entered is in correct format, and that 
the requested user ID is not already in use. The IERS will generate a 
PDF document from the information entered by the applicant.
    (ii) The user must print, sign, and submit the application to the 
address provided on the registration form. A user ID will be activated 
after a signed registration form is received. The signature of an 
applicant on the form means that the applicant agrees to use access 
privileges to the IERS for purposes of submitting legitimate fishery 
landing reports and to safeguard the user ID and password to prevent 
their use by unauthorized persons. In addition, signature of the RCR 
ensures that the applicant is authorized to submit landing reports for 
the processor permit number(s) listed.
* * * * *
    (2) Contents of the IERS processor registration. The application 
for IERS processor registration must contain the following information: 
* * *
* * * * *


Sec.  680.5  [Corrected]

0
6. Correct Sec.  680.5(d) as follows:
0
a. In paragraph (d)(4)(i), remove ``within 6 hours of the end'' and add 
in its place ``by Tuesday noon after the end'';
0
b. In paragraph (d)(7)(i), remove ``RCR permit number'' and add in its 
place ``RCR permit number, IFQ permit number, and IPQ permit number, as 
appropriate;'' and
0
c. In paragraph (d)(7)(xxi), remove ``Scale weight of live crab in 
pounds'' and add in its place ``Sold weight of live crab in pounds.''


Sec.  680.20  [Corrected]

0
7. Correct Sec.  680.20 as follows:
0
a. Paragraph (a)(1), remove ``June 30, 2005'' and add in its place 
``June 30, 2008'';
0
b. Paragraph (h)(3)(iv)(A), remove ``a crab QS fishery'' and add in its 
place ``each crab fishery''; and
0
c. Paragraph (h)(5)(iv), remove ``arbitration proceeding as provided'' 
and add in its place ``arbitration proceeding except as provided''.


Sec.  680.23  [Corrected]

0
8. In Sec.  680.23, paragraph (b)(4), remove ``approved by the State in 
which the product is landed'' and add in its place ``approved by a 
state in which CR crab is landed''.


Sec.  680.40  [Corrected]

0
9. In Sec.  680.40, paragraph (c)(4)(vi), remove ``Adj. Factor'' and 
add in its place ``Adj. Amount.''


Sec.  680.42  [Corrected]

0
10. Correct Sec.  680.42 as follows:

[[Page 75422]]

0
a. Paragraph (a)(3)(ii), remove ``(a)(2)(i)'' and add in its place 
``(a)(3)(i)'';
0
b. Paragraph (a)(4)(ii), remove ``(a)(2)(i)'' and add in its place 
``(a)(4)(i);''
0
c. Paragraph (b)(3)(iii), remove ``QS or IFQ'' and add in its place 
``PQS;''
0
d. Paragraph (c)(2), remove ``CPC QS used'' and add in its place ``CPC 
IFQ used;'' and
0
e. Paragraph (c)(4), remove ``IFQ'' in two places and add in its place 
``CVO or CPO IFQ.''

0
11. In Sec.  680.42, correct table entries in paragraphs (a)(2)(i)(A), 
(B), and (C) to read as follows:


Sec.  680.42  Limitations on use of QS, PQS, IFQ, and IPQ.

    (a) * * *
    (2) * * *
    (ii) * * *

------------------------------------------------------------------------
                                       CVO/CPO Use Cap   CVC/CPC Use Cap
               Fishery                   in QS Units       in QS Units
------------------------------------------------------------------------
(A) Percent of the initial QS pool     1.0 %= 3,880,000   2.0% = 240,000
 for BBR
(B) Percent of the initial QS pool     1.0% = 9,700,000   2.0% = 600,000
 for BSS
(C) Percent of the initial QS pool     1.0% = 1,940,000   2.0% = 120,000
 for BST
                                * * * * *
                                      .................
------------------------------------------------------------------------


0
12. In Table 9 to Part 680, correct the entry for Bering Sea Tanner 
crab (BST) to read as follows:
Table 9 to Part 680 Initial Issuance of Crab PQS by Crab QS Fishery

------------------------------------------------------------------------
                                    Column B: The Regional Administrator
                                         shall calculate PQS for any
                                       qualified person based on that
Column A: For each crab QS fishery    person's total legal purchase of
                                         crab in each of the crab QS
                                            fisheries for any ...
------------------------------------------------------------------------
                                * * * * *
 
Bering Sea Tanner Crab (BST)        Equivalent to 50 percent of the
                                     total legally processed crab in the
                                     Bering Sea snow crab fishery during
                                     the qualifying years established
                                     for that fishery, and 50 percent of
                                     the total legally processed crab in
                                     the Bristol Bay red king crab
                                     fishery during the qualifying years
                                     established for that fishery.
                                * * * * *
 
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[FR Doc. 05-24152 Filed 12-19-04; 8:45 am]
BILLING CODE 3510-22-S