[Federal Register Volume 71, Number 54 (Tuesday, March 21, 2006)]
[Proposed Rules]
[Pages 14153-14163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2705]



[[Page 14153]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 680

[Docket No. 060227052-6052-01; I.D. 021606B]
RIN 0648-AU06


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

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 regulations implementing Amendment 20 to the 
Fishery Management Plan for Bering Sea/Aleutian Islands (BSAI) King and 
Tanner crabs (FMP). This proposed action would amend the BSAI Crab 
Rationalization Program (hereinafter referred to as the Program). If 
approved, Amendment 20 and this action would modify the allocation of 
harvesting shares and processing shares for Bering Sea Tanner crab 
Chionoecetes bairdi (Tanner crab) to allow this species to be managed 
as two separate stocks. This proposed action is necessary to increase 
resource conservation and economic efficiency in the crab fisheries 
that are subject to the Program. This action is intended to promote the 
goals and objectives of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), the FMP, and other applicable 
law.

DATES: Comments must be received no later than May 5, 2006.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Records Office. Comments may be submitted by:
     E-mail: 0648[dash]7AU06[dash]KTC20[dash][email protected]. 
Include in the subject line of the e-mail the following document 
identifier: Crab Rationalization RIN 0648[dash]AU06. E-mail comments, 
with or without attachments, are limited to 5 megabytes.
     Mail: P.O. Box 21668, Juneau, AK 99802.
     Hand Delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
     Facsimile: 907-586-7557.
     Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions at that site for 
submitting comments.
    Copies of Amendment 20 and the Environmental Assessment/Regulatory 
Impact Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) for 
this action may be obtained from the NMFS Alaska Region at the address 
above or from the Alaska Region website at http://www.fakr.noaa.gov/sustainablefisheries.htm.

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

SUPPLEMENTARY INFORMATION: The king and Tanner crab fisheries in the 
exclusive economic zone of the BSAI are managed under the FMP. The FMP 
was prepared by the North Pacific Fishery Management Council (Council) 
under the Magnuson-Stevens Act as amended by the Consolidated 
Appropriations Act of 2004 (Public Law 108-199, section 801). 
Amendments 18 and 19 to the FMP amended the FMP to include the Program. 
A final rule implementing these amendments was published on March 2, 
2005 (70 FR 10174). NMFS also published three corrections to the final 
rule (70 FR 13097; March 18, 2005), (70 FR 33390; June 8, 2005) and (70 
FR 75419; December 20, 2005).
    Under the Program, harvester quota share (QS), processor quota 
share (PQS), individual fishing quota (IFQ), and individual processing 
quota (IPQ) currently are issued for one Tanner crab fishery. The State 
of Alaska (State), however, has determined that eastern Bering Sea 
Tanner crab should be separated into two stocks and managed as two 
separate fisheries to avoid localized depletion by the commercial 
fishery, particularly of legal-sized males in the Pribilof Islands 
area. Although the distribution of Tanner crab is continuous over its 
range in the eastern Bering Sea, some discontinuity exists in the 
distribution of legal-size males. Highest densities of legal-sized 
males during stock assessment surveys tend to occur at sampling 
stations either east of 166[deg] W. longitude (i.e., in Bristol Bay) or 
west of 168[deg] W. longitude (i.e., in the vicinity of the Pribilof 
Islands). In contrast, densities of legal-sized males tend to be low at 
survey stations between 166[deg] W. longitude and 168[deg] W. 
longitude. The contrast between densities in the Pribilof Islands area 
and Bristol Bay with the densities in the intervening area between 
166[deg] W. longitude and 168[deg] W. longitude is most notable at 
times of high populations of legal-sized males in the eastern Bering 
Sea. The distribution of catch of legal-sized males during the 
commercial fishery has shown a similar pattern. The Program and the 
final rule implementing it allocated shares of the Tanner crab fishery 
in the Bering Sea, but did not separately distinguish the management of 
these two stocks.
    If approved, Amendment 20 to the FMP and this action would modify 
the allocation of harvesting shares and processing shares for Bering 
Sea Tanner crab to accommodate management of geographically separate 
Tanner crab fisheries. This action proposes to allocate QS and PQS and 
the resulting IFQ and IPQ for two Tanner crab fisheries, one east of 
166[deg] W. longitude, the other west of 166[deg] W. longitude. 
Revision of the QS and PQS allocations would resolve the current 
inconsistency between current allocations and management of the Tanner 
crab species as two stocks. This change is expected to reduce 
administrative costs for managers and the operational costs of 
harvesters and processors while increasing their flexibility.
    Management of any harvestable surplus also would be improved 
through distinct allocations for separate Tanner crab stocks. Setting 
two total allowable catches (TACs) east and west of 166[deg] W. 
longitude that are proportional to the estimated abundances east and 
west of 166[deg] W. longitude provides a means to avoid localized 
depletion by the commercial fishery, particularly of those legal-sized 
males in the Pribilof Islands area. The 166[deg] W. longitude boundary 
corresponds with an area in which historical fishery catch and effort 
has been low. Hence the 166[deg] W. longitude boundary has the benefit 
of providing low potential for causing conservation, management and 
enforcement concerns that can result from fishers ``fishing to the 
line'' (i.e., commercial fishing effort and high removal rates 
concentrated on either side of the boundary).
    This proposed action would not alter the basic structure or 
management of the Program. Reporting, monitoring, fee collection, and 
other requirements to participate in the Tanner crab fishery would 
remain unchanged. The proposed action also would not increase the 
number of harvesters or processors in the Tanner crab fisheries or the 
amount of crab that may be harvested currently. The proposed action 
would not affect regional delivery requirements or other restrictions 
on harvesting and processing Tanner crab that currently apply. It would 
provide a mechanism to ensure that quota is managed for each stock 
separately in accordance with biomass distribution. The proposed action 
also would provide additional flexibility to industry participants to

[[Page 14154]]

hold quota to fish specific Tanner crab fisheries and reduce potential 
conflicts among participants that may occur if one quota is used to 
provide harvesting and processing privileges to two distinct stocks.
    Under the proposed action, IFQ and IPQ holders will be able to 
trade shares in the fisheries independently to establish long-term 
relationships in each fishery independently.
    This proposed action would not modify the process used to apply for 
and initially receive Tanner crab QS, PQS and the resulting IFQ and 
IPQ. Under the existing regulations, the agency calculated initial 
allocations of Tanner crab QS and PQS to eligible harvesters and 
processors who applied during the application period (April 4, 2005 
through June 3, 2005). The allocations of east and west Tanner crab 
stock QS, PQS and the resulting IFQ and IPQ under this proposed action 
would be based on the existing application and allocation process.
    NMFS proposes to reissue Tanner crab QS and PQS. Currently Tanner 
crab is issued as Bering Sea Tanner (BST) QS and BST PQS. For each 
share of BST QS held, a person would be issued one share of eastern 
Bering Sea Tanner crab (EBT) QS, and one share of western Bering Sea 
Tanner crab (WBT) QS. Similarly, for each BST PQS held, a person would 
be issued one share of EBT PQS, and one share of WBT PQS. EBT QS and 
PQS would result in IFQ and IPQ that could be used for the Tanner crab 
fishery occurring east of 166[deg] W. longitude; WBT QS and PQS would 
result in IFQ and IPQ that could be used for the Tanner crab fishery 
occurring west of 166[deg] W. longitude. This reissuance of Tanner crab 
QS and PQS would not increase the number of initially issued Tanner 
crab quota holders. Tanner crab QS and PQS holders would receive IFQ 
and IPQ in a specific fishery only if that specific Tanner crab fishery 
had a harvestable surplus and TAC assigned by the State.
    NMFS would reissue Tanner crab QS and PQS after the end of the 
current Tanner crab fishing season (March 31, 2006), and prior to the 
date when the State would announce any TAC for the 2006/2007 fishing 
season (in early October 2006). This would reduce any potential 
conflict with the current Tanner crab fishery. The precise timing of QS 
and PQS reissuance is dependent on rulemaking and cannot be determined 
at this time.

Classification

    At this time, NMFS has not determined that Amendment 20 and the 
provisions in this rule that would implement Amendment 20 are 
consistent with the national standards of the Magnuson-Stevens Act and 
other applicable laws. NMFS, in making the determination that this 
proposed rule is consistent, will take into account the data, views, 
and comments received during the comment period (see DATES).
    A Regulatory Impact Review (RIR) was prepared to assess all costs 
and benefits of available regulatory alternatives. The RIR considers 
all quantitative and qualitative measures. Additionally, an initial 
regulatory flexibility analysis (IRFA) was prepared that describes the 
impact this proposed rule would have on small entities. The IRFA 
discusses both small and non-small entities to adequately characterize 
the fishing participants. Copies of the RIR/IRFA prepared for this 
proposed rule are available from NMFS (see ADDRESSES). The RIR/IRFA 
prepared for this proposed action builds off an extensive RIR/IRFA 
prepared for Amendments 18 and 19 that detailed the impacts of the 
Program on small entities.
    The reasons why this action is being proposed and the objectives 
and legal basis for the proposed rule are discussed in the preamble to 
this rule and are not repeated here. The IRFA contains a description 
and estimate of the number of directly affected small entities.
    Estimates of the number of small harvesting entities under the 
Program are complicated by several factors. First, each eligible 
captain will receive an allocation of QS under the program. A total of 
186 captains received allocations of Tanner crab QS for the 2005-2006 
fishery. In addition, 269 allocations of QS to LLP license holders were 
made under the Program, for a total of 454 QS allocations in the Bering 
Sea Tanner crab fisheries. Because some persons participated as LLP 
holders and captains and others received allocations from the 
activities of multiple vessels, only 294 unique persons received QS. Of 
those entities receiving QS, 287 are small entities because they either 
generated $4.0 million or less in gross revenue, or they are 
independent entities not affiliated with a processor. Estimates of 
gross revenues for purposes of determining the number of small 
entities, relied on the low estimates of prices from the arbitration 
reports based on the 2005/2006 fishing season.
    Allocations of Tanner crab PQS under the Program were made to 20 
processors. Of these PQS recipients, nine are estimated to be large 
entities, and eleven small entities. Estimates of large entities were 
made based on available records of employment and the analysts' 
knowledge of foreign ownership of processing companies. These totals 
exclude catcher/processors, which are included in the LLP holder 
discussion.
    Other supporting businesses also may be indirectly affected by this 
action if it leads to fewer vessels participating in the fishery. These 
impacts are treated in the RIR prepared for this action (see 
ADDRESSES).
    This proposed action does not contain any reporting, recordkeeping 
and other reporting requirements. No federal rules that may duplicate, 
overlap, or conflict with this proposed action have been identified.
    The Council considered alternatives as it designed and evaluated 
the potential methods for accommodating two-stock management in the 
Bering Sea Tanner crab fisheries in the EA prepared for this proposed 
action. The alternatives differed only in the calculation of initial 
allocations of QS and PQS and the nature of the processing privileges 
(PQS and IPQ) in the rationalized Tanner crab fisheries. The 
alternatives have no effect on fishing practices or patterns and 
therefore have no effects on the physical and biological environment. 
Effects of the Program, including rationalizing the Tanner crab 
fishery, on the physical and biological environment (including effects 
on benthic species and habitat, essential fish habitat, the ecosystem, 
endangered species, marine mammals, and sea birds) are fully analyzed 
in the EIS prepared for the Program (Crab EIS) and are incorporated by 
reference in the EA prepared for this proposed action.
    This proposed action is not anticipated to have additional impacts 
on the Tanner crab fisheries beyond those identified in the Crab EIS. 
No new significant information is available that would change these 
determinations in the Crab EIS. Please refer to the Crab EIS and its 
appendices for more detail (see ADDRESSES).
    The EA/RIR/IRFA prepared for this action analyzed a suite of three 
alternatives for harvesters, and a separate suite of three alternatives 
for processors. Alternative 1 for both harvesters and processors, the 
no action alternative, would maintain the existing inconsistency 
between Federal allocations supporting a single Tanner crab fishery and 
State management of two stocks of Tanner crab. For harvesters, the 
difference in effects of the revised allocation alternatives on the 
social and economic environment is primarily distributional. Under the 
preferred harvester alternative (Alternative 2), an eligible 
participant would receive an allocation in both fisheries based on all 
qualifying catches

[[Page 14155]]

regardless of where that catch occurred. Under harvester Alternative 3, 
a harvester would receive an allocation in each fishery based on 
historic catch from the area of the fishery. Under this alternative, a 
person's allocation will be skewed toward the area in which the person 
had greater catch relative to other participants.
    For processors, the choice of revised allocation alternatives would 
have operational and efficiency effects. Under the preferred processor 
alternative (Alternative 2), PQS and IPQ pools would be created for the 
two fisheries. Share holders would be able to trade shares in the 
fisheries independently to establish long-term relationships in each 
fishery independently. Under processor Alternative 3, PQS would 
generate an annual allocation of IPQ that could be used in either 
fishery. Since TACs in the fisheries may fluctuate independently, 
harvesters that do not hold equal percentages of the pools in both 
fisheries will be unable to establish fixed long-term relationships 
with a processor for all their shares. Instead, these participants 
would need to modify their relationships if TACs change independently 
in the different Tanner crab fisheries. This restructuring of 
relationships could reduce efficiency in the Tanner crab fisheries by 
adding to transaction costs of participants.
    Although the different allocations under consideration in this 
action would have distributional and efficiency impacts for individual 
participants, in no case are these impacts in the aggregate expected to 
be substantial. In all instances, similar numbers of participants would 
receive allocations. Although none of the alternatives has substantial 
negative impacts on small entities, preferred Alternative 2 for 
processors minimizes the potential negative impacts that could arise 
under Alternative 3 for processors. Differences in efficiency that 
could arise are likely to affect most participants in a minor way 
having an overall insubstantial impact. As a consequence, none of the 
alternatives is expected to have any significant economic or 
socioeconomic impacts.

Collection-of-information

    This rule does not contain new collection-of-information 
requirements subject to review and approval by OMB under the Paperwork 
Reduction Act (PRA).
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 50 CFR Part 680

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: March 16, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 680 is 
proposed to be amended as follows:

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

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

    Authority: 16 U.S.C. 1862.
    2. In Sec.  680.4, revise paragraphs (b) and (c) to read as 
follows:


Sec.  680.4  Permits.

* * * * *
    (b) Crab QS permit. (1) Crab QS is issued by the Regional 
Administrator to persons who successfully apply for an initial 
allocation under Sec.  680.40 or receive QS by transfer under Sec.  
680.41. Once issued, a crab QS permit is valid until modified under 
paragraph (b)(2) of this section, or by transfer under Sec.  680.41; or 
until the permit is revoked, suspended, or modified pursuant to Sec.  
679.43 or under 15 CFR part 904. To qualify for a crab QS permit, the 
applicant must be a U.S. Citizen.
    (2) Each unit of Crab QS initially issued under Sec.  680.40 for 
the Bering Sea Tanner crab (Chionoecetes bairdi) CR fishery shall be 
reissued as one unit of Eastern Bering Sea Tanner crab (EBT) QS and one 
unit of Western Bering Sea Tanner crab (WBT) QS.
    (c) Crab PQS permit. (1) Crab PQS is issued by the Regional 
Administrator to persons who successfully apply for an initial 
allocation under Sec.  680.40 or receive PQS by transfer under Sec.  
680.41. Once issued, a crab PQS permit is valid until modified under 
paragraph (c)(2) of this section, or by transfer under Sec.  680.41; or 
until the permit is revoked, suspended, or modified pursuant to Sec.  
679.43 or under 15 CFR part 904.
    (2) Each unit of Crab PQS initially issued under Sec.  680.40 for 
the Bering Sea Tanner crab (Chionoecetes bairdi) CR fishery shall be 
reissued as one unit of Eastern Bering Sea Tanner crab (EBT) PQS and 
one unit of Western Bering Sea Tanner crab (WBT) PQS.
* * * * *


Sec. Sec.  680.40 and 680.41  [Amended]

    3. In the table below, at each of the locations shown in the 
``Location'' column, remove the phrase indicated in the ``Remove'' 
column and replace it with the phrase indicated in the ``Add'' column:

------------------------------------------------------------------------
                       LOCATION                          REMOVE    ADD
------------------------------------------------------------------------
Sec.   680.40(b)(2)(ii)(A)                                  BST   EBT or
                                                                     WBT
------------------------------------------------------------------------
Sec.   680.40(d)(2)(iv)(B)                                  BST   EBT or
                                                                     WBT
------------------------------------------------------------------------
Sec.   680.41(l)(1)(i)                                      BST     EBT,
                                                                    WBT,
------------------------------------------------------------------------

    4. In Sec.  680.40, revise paragraph (b)(2)(iii) to read as 
follows:


Sec.  680.40  Quota Share (QS), Processor QS (PQS), Individual Fishing 
Quota (IFQ), and Individual Processor Quota (IPQ) issuance.

* * * * *
    (b) * * *
    (2) * * *
    (iii) The regional designations that apply to each of the crab QS 
fisheries are specified in the following table:

------------------------------------------------------------------------
                                North     South     West    Undesignated
       Crab QS Fishery         Region    Region    Region      Region
------------------------------------------------------------------------
(A) EAG                       X         X         ........  ............
------------------------------------------------------------------------
(B) WAG                       ........  ........  X         X
------------------------------------------------------------------------
(C) EBT                       ........  ........  ........  X
------------------------------------------------------------------------
(D) WBT                       ........  ........  ........  X
------------------------------------------------------------------------
(E) BSS                       X         X         ........  ............
------------------------------------------------------------------------
(F) BBR                       X         X         ........  ............
------------------------------------------------------------------------
(G) PIK                       X         X         ........  ............
------------------------------------------------------------------------

[[Page 14156]]

 
(H) SMB                       X         X         ........  ............
------------------------------------------------------------------------
(I) WAI                       ........  X         ........  ............
------------------------------------------------------------------------

* * * * *
    5. In Sec.  680.42, revise paragraph (a)(2)(i), (a)(3)(i), 
(a)(4)(i), (c) paragraph heading, and (c)(1) to read as follows:


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

    (a) * * *
    (2) * * *
    (i) Hold QS in amounts in excess of the amounts specified in the 
following table, unless that person's QS was received in the initial 
allocation:

------------------------------------------------------------------------
                                  CVO/CPO Use Cap in  CVC/CPC Use Cap in
            Fishery                    QS Units            QS Units
------------------------------------------------------------------------
(A) Percent of the initial QS    1.0% = 3,880,000     2.0% = 240,000
 pool for BBR
------------------------------------------------------------------------
(B) Percent of the initial QS    1.0% = 9,700,000     2.0% = 600,000
 pool for BSS
------------------------------------------------------------------------
(C) Percent of the initial QS    1.0% = 1,940,000     2.0% = 120,000
 pool for EBT
------------------------------------------------------------------------
(D) Percent of the initial QS    1.0% = 1,940,000     2.0% = 120,000
 pool for WBT
------------------------------------------------------------------------
(E) Percent of the initial QS    2.0% = 582,000       4.0% = 36,000
 pool for PIK
------------------------------------------------------------------------
(F) Percent of the initial QS    2.0% = 582,000       4.0% = 36,000
 pool for SMB
------------------------------------------------------------------------
(G) Percent of the initial QS    10.0% = 970,000      20.0% = 60,000
 pool for EAG
------------------------------------------------------------------------
(H) Percent of the initial QS    10.0% = 3,880,000    20.0% = 240,000
 pool for WAG
------------------------------------------------------------------------
(I) Percent of the initial QS    10.0% = 5,820,000    20.0% = 360,000
 pool for WAI
------------------------------------------------------------------------

* * * * *
    (3) * * *
    (i) Hold QS in excess of more than the amounts of QS specified in 
the following table:

------------------------------------------------------------------------
                                             CDQ CVO/CPO Use Cap in QS
                 Fishery                               Units
------------------------------------------------------------------------
(A) 5.0 percent of the initial QS pool     19,400,000
 for BBR
------------------------------------------------------------------------
(B) 5.0 percent of the initial QS pool     48,500,000
 for BSS
------------------------------------------------------------------------
(C) 5.0 percent of the initial QS pool     9,700,000
 for EBT
------------------------------------------------------------------------
(D) 5.0 percent of the initial QS pool     9,700,000
 for WBT
------------------------------------------------------------------------
(E) 10.0 percent of the initial QS pool    2,910,000
 for PIK
------------------------------------------------------------------------
(F) 10.0 percent of the initial QS pool    2,910,000
 for SMB
------------------------------------------------------------------------
(G) 20.0 percent of the initial QS pool    1,940,000
 for EAG
------------------------------------------------------------------------
(H) 20.0 percent of the initial QS pool    7,760,000
 for WAG
------------------------------------------------------------------------
(I) 20.0 percent of the initial QS pool    11,640,000
 for WAI
------------------------------------------------------------------------

* * * * *
    (4) * * *
    (i) Hold QS in excess of the amounts specified in the following 
table:

------------------------------------------------------------------------
                 Fishery                    CVO/CPO Use Cap in QS Units
------------------------------------------------------------------------
(A) 5.0 percent of the initial QS pool     19,400,000
 for BBR
------------------------------------------------------------------------
(B) 5.0 percent of the initial QS pool     48,500,000
 for BSS
------------------------------------------------------------------------
(C) 5.0 percent of the initial QS pool     9,700,000
 for EBT
------------------------------------------------------------------------
(D) 5.0 percent of the initial QS pool     9,700,000
 for WBT
------------------------------------------------------------------------
(E) 5.0 percent of the initial QS pool     1,455,000
 for PIK
------------------------------------------------------------------------

[[Page 14157]]

 
(F) 5.0 percent of the initial QS pool     1,455,000
 for SMB
------------------------------------------------------------------------
(G) 5.0 percent of the initial QS pool     485,000
 for EAG
------------------------------------------------------------------------
(H) 5.0 percent of the initial QS pool     1,940,000
 for WAG
------------------------------------------------------------------------
(I) 5.0 percent of the initial QS pool     2,910,000
 for WAI
------------------------------------------------------------------------

* * * * *
    (c) Vessel limitations. (1) Except for vessels that participate 
solely in a crab harvesting cooperative as described under Sec.  680.21 
and under the provisions described in paragraph (c)(4) of this section, 
no vessel may be used to harvest CVO or CPO IFQ in excess of the 
following percentages of the TAC for that crab QS fishery for that crab 
fishing year:
    (i) 2.0 percent for BSS;
    (ii) 2.0 percent for BBR;
    (iii) 2.0 percent for EBT;
    (iv) 2.0 percent for WBT
    (v) 4.0 percent for PIK;
    (vi) 4.0 percent for SMB;
    (vii) 20.0 percent for EAG;
    (viii) 20.0 percent for WAG; or
    (ix) 20.0 percent for the WAI crab QS fishery west of 179[deg] W. 
long.
* * * * *
    6. Revise Table 1 to part 680 to read as follows:

                                                Table 1 to Part 680--Crab Rationalization (CR) Fisheries
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Fishery Code                                  CR Fishery                                           Geographic Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
BBR                                        Bristol Bay red king crab (Paralithodes        In waters of the EEZ with:
                                            camtshaticus)                                 (1) A northern boundary of 58[deg]30' N. lat.,
                                                                                          (2) A southern boundary of 54[deg]36' N. lat., and
                                                                                          (3) A western boundary of 168[deg] W. long. and including all
                                                                                           waters of Bristol Bay.
--------------------------------------------------------------------------------------------------------------------------------------------------------
BSS                                        Bering Sea Snow crab (Chionoecetes opilio)     In waters of the EEZ with:
                                                                                          (1) A northern and western boundary of the Maritime Boundary
                                                                                           Agreement Line as that line is described in the text of and
                                                                                           depicted in the annex to the Maritime Boundary Agreement
                                                                                           between the United States and the Union of Soviet Socialist
                                                                                           Republics signed in Washington, June 1, 1990, and as the
                                                                                           Maritime Boundary Agreement Line as depicted on NOAA Chart
                                                                                           No. 513 (6th edition, February 23, 1991) and NOAA Chart No.
                                                                                           514 (6th edition, February 16, 1991), and
                                                                                          (2) A southern boundary of 54[deg]30' N. lat. to 171[deg] W.
                                                                                           long., and then south to 54[deg]36' N. lat.
--------------------------------------------------------------------------------------------------------------------------------------------------------
EAG                                        Eastern Aleutian Islands golden king crab      In waters of the EEZ with:
                                            (Lithodes aequispinus)                        (1) An eastern boundary the longitude of Scotch Cap Light
                                                                                           (164[deg]44' W. long.) to 53[deg]30' N. lat., then West to
                                                                                           165[deg] W. long.,
                                                                                          (2) A western boundary of 174[deg] W. long., and
                                                                                          (3) A northern boundary of a line from the latitude of Cape
                                                                                           Sarichef (54[deg]36' N. lat.) westward to 171[deg] W. long.,
                                                                                           then north to 55[deg]30' N. lat., then west to 174[deg] W.
                                                                                           long.
--------------------------------------------------------------------------------------------------------------------------------------------------------
EBT                                        Eastern Bering Sea Tanner crab (Chionoecetes   In waters of the EEZ with:
                                            bairdi)                                       (1) A western boundary the longitude of 166[deg] W. long.,
                                                                                          (2) A northern boundary of the Maritime Boundary Agreement
                                                                                           Line as that line is described in the text of and depicted in
                                                                                           the annex to the Maritime Boundary Agreement between the
                                                                                           United States and the Union of Soviet Socialist Republics
                                                                                           signed in Washington, June 1, 1990, and as the Maritime
                                                                                           Boundary Agreement Line as depicted on NOAA Chart No. 513
                                                                                           (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th
                                                                                           edition, February 16, 1991), and
                                                                                          (3) A southern boundary of 54[deg]30'N. lat.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 14158]]

 
PIK                                        Pribilof red king and blue king crab           In waters of the EEZ with:
                                            (Paralithodes camtshaticus and P. platypus)   (1) A northern boundary of 58[deg]30' N. lat.,
                                                                                          (2) An eastern boundary of 168[deg] W. long., and
                                                                                          (3) A southern boundary line from 54[deg]36' N. lat., 168[deg]
                                                                                           W. long., to 54[deg]36' N. lat., 171[deg] W. long., to
                                                                                           55[deg]30' N. lat., 171[deg] W. long., to 55[deg]30' N. lat.,
                                                                                           173[deg]30' E. lat., and then westward to the Maritime
                                                                                           Boundary Agreement Line as that line is described in the text
                                                                                           of and depicted in the annex to the Maritime Boundary
                                                                                           Agreement between the United States and the Union of Soviet
                                                                                           Socialist Republics signed in Washington, June 1, 1990, and
                                                                                           as the Maritime Boundary Agreement Line as depicted on NOAA
                                                                                           Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart
                                                                                           No. 514 (6th edition, February 16, 1991).
--------------------------------------------------------------------------------------------------------------------------------------------------------
SMB                                        St. Matthew blue king crab (Paralithodes       In waters of the EEZ with:
                                            platypus)                                     (1) A northern boundary of 62[deg] N. lat.,
                                                                                          (2) A southern boundary of 58[deg]30' N. lat., and
                                                                                          (3) A western boundary of the Maritime Boundary Agreement Line
                                                                                           as that line is described in the text of and depicted in the
                                                                                           annex to the Maritime Boundary Agreement between the United
                                                                                           States and the Union of Soviet Socialist Republics signed in
                                                                                           Washington, June 1, 1990, and as the Maritime Boundary
                                                                                           Agreement Line as depicted on NOAA Chart No. 513 (6th
                                                                                           edition, February 23, 1991) and NOAA Chart No. 514 (6th
                                                                                           edition, February 16, 1991).
--------------------------------------------------------------------------------------------------------------------------------------------------------
WAG                                        Western Aleutian Islands golden king crab      In waters of the EEZ with:
                                            (Lithodes aequispinus)                        (1) An eastern boundary the longitude 174[deg] W. long.,
                                                                                          (2) A western boundary the Maritime Boundary Agreement Line as
                                                                                           that line is described in the text of and depicted in the
                                                                                           annex to the Maritime Boundary Agreement between the United
                                                                                           States and the Union of Soviet Socialist Republics signed in
                                                                                           Washington, June 1, 1990, and as the Maritime Boundary
                                                                                           Agreement Line as depicted on NOAA Chart No. 513 (6th
                                                                                           edition, February 23, 1991) and NOAA Chart No. 514 (6th
                                                                                           edition, February 16, 1991), and
                                                                                          (3) A northern boundary of a line from the latitude of
                                                                                           55[deg]30' N. lat., then west to the U.S.-Russian Convention
                                                                                           line of 1867.
--------------------------------------------------------------------------------------------------------------------------------------------------------
WAI                                        Western Aleutian Islands red king crab         In waters of the EEZ with:
                                            (Paralithodes camtshaticus)                   (1) An eastern boundary the longitude 179[deg] W. long.,
                                                                                          (2) A western boundary of the Maritime Boundary Agreement Line
                                                                                           as that line is described in the text of and depicted in the
                                                                                           annex to the Maritime Boundary Agreement between the United
                                                                                           States and the Union of Soviet Socialist Republics signed in
                                                                                           Washington, June 1, 1990, and as the Maritime Boundary
                                                                                           Agreement Line as depicted on NOAA Chart No. 513 (6th
                                                                                           edition, February 23, 1991) and NOAA Chart No. 514 (6th
                                                                                           edition, February 16, 1991), and
                                                                                          (3) A northern boundary of a line from the latitude of
                                                                                           55[deg]30' N. lat., then west to the Maritime Boundary
                                                                                           Agreement Line as that line is described in the text of and
                                                                                           depicted in the annex to the Maritime Boundary Agreement
                                                                                           between the United States and the Union of Soviet Socialist
                                                                                           Republics signed in Washington, June 1, 1990, and as the
                                                                                           Maritime Boundary Agreement Line as depicted on NOAA Chart
                                                                                           No. 513 (6th edition, February 23, 1991) and NOAA Chart No.
                                                                                           514 (6th edition, February 16, 1991).
WBT                                        Western Bering Sea Tanner crab (Chionoecetes   In waters of the EEZ with:
                                            bairdi)                                       (1) An eastern boundary the longitude of 166[deg] W. long.,
                                                                                          (2) A northern and western boundary of the Maritime Boundary
                                                                                           Agreement Line as that line is described in the text of and
                                                                                           depicted in the annex to the Maritime Boundary Agreement
                                                                                           between the United States and the Union of Soviet Socialist
                                                                                           Republics signed in Washington, June 1, 1990, and as the
                                                                                           Maritime Boundary Agreement Line as depicted on NOAA Chart
                                                                                           No. 513 (6th edition, February 23, 1991) and NOAA Chart No.
                                                                                           514 (6th edition, February 16, 1991), and
                                                                                          (3) A southern boundary of 54[deg]30' N. lat. to 171[deg] W.
                                                                                           long., and then south to 54[deg]36' N. lat.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    7. Revise Tables 7, 8, and 9 to part 680 to read as follows:

[[Page 14159]]



                       Table 7 to Part 680--Initial Issuance of Crab QS by Crab QS Fishery
----------------------------------------------------------------------------------------------------------------
                                                           Column C:        Column D: Recent
                                        Column B:      Eligibility Years     Participation      Column E: Subset
    Column A: Crab QS Fisheries      Qualifying Years   for CVC and CPC   Seasons for CVC and    of Qualifying
                                          for QS               QS                CPC QS              Years
----------------------------------------------------------------------------------------------------------------
For each crab QS fishery the        QS for any         In addition, each  In addition, each    The maximum
 Regional Administrator shall        qualified person   person receiving   person receiving     number of
 calculate (see Sec.                 based on that      CVC and CPC QS     CVC or CPC QS,       qualifying years
 680.40(c)(2):                       person's total     must have made     must have made at    that can be used
                                     legal landings     at least one       least one landing,   to calculate QS
                                     of crab in each    landing per        as recorded on a     for each QS
                                     of the crab QS     year, as           State of Alaska      fishery is:
                                     fisheries for      recorded on a      fish ticket, in at
                                     any:               State of Alaska    least 2 of the
                                                        fish ticket, in    last 3 fishing
                                                        any three years    seasons in each of
                                                        during the base    the crab QS
                                                        period described   fisheries as those
                                                        below:             seasons are
                                                                           described below:
----------------------------------------------------------------------------------------------------------------
1. Bristol Bay red king crab (BBR)  4 years of the 5-  3 years of the 5-  (1) October 15-20,   4 years
                                     year QS base       year QS base       1999.
                                     period beginning   period beginning  (2) October 16-20,
                                     on:                on:                2000.
                                    (1) November 1-5,  (1) November 1-5,  (3) October 15-18,
                                     1996;              1996;              2001.
                                    (2) November 1-5,  (2) November 1-5,
                                     1997;              1997;
                                    (3) November 1-6,  (3) November 1-6,
                                     1998;              1998;
                                    (4) October 15-    (4) October 15-0,
                                     20, 1999;          1999;
                                    (5) October 16-    (5) October 16-
                                     20, 2000.          20, 2000.
----------------------------------------------------------------------------------------------------------------
2. Bering Sea snow crab (BSS)       4 years of the 5-  3 years of the 5-  (1) April 1-8,       4 years
                                     year period        year period        2000.
                                     beginning on:      beginning on:     (2) January 15,
                                    (1) January 15,    (1) January 15,     2001 through
                                     1996 through       1996 through       February 14, 2001.
                                     February 29,       February 29,      (3) January 15,
                                     1996;              1996;              2002 through
                                    (2) January 15,    (2) January 15,     February 8, 2002.
                                     1997 through       1997 through
                                     March 21, 1997;    March 21, 1997;
                                    (3) January 15,    (3) January 15,
                                     1998 through       1998 through
                                     March 20, 1998;    March 20, 1998;
                                    (4) January 15,    (4) January 15,
                                     1999 through       1999 through
                                     March 22, 1999;    March 22, 1999;
                                    (5) April 1-8,     (5) April 1-8,
                                     2000.              2000.
----------------------------------------------------------------------------------------------------------------

[[Page 14160]]

 
3. Eastern Aleutian Islands golden  5 years of the 5-  3 years of the 5-  (1) September 1      5 years
 king crab (EAG)                     year base period   year base period   1999 through
                                     beginning on:      beginning on:      October 25, 1999.
                                    (1) September 1,   (1) September 1,   (2) August 15, 2000
                                     1996 through       1996 through       through September
                                     December 25,       December 25,       24, 2000.
                                     1996;              1996;             (3) August 15, 2001
                                    (2) September 1,   (2) September 1,    through September
                                     1997 though        1997 though        10, 2001.
                                     November 24,       November 24,
                                     1997;              1997;
                                    (3) September 1,   (3) September 1,
                                     1998 through       1998 through
                                     November 7,        November 7,
                                     1998;              1998;
                                    (4) September 1,   (4) September 1,
                                     1999 through       1999 through
                                     October 25,        October 25,
                                     1999;              1999;
                                    (5) August 15,     (5) August 15,
                                     2000 through       2000 through
                                     September 24,      September 25,
                                     2000.              2000.
----------------------------------------------------------------------------------------------------------------
4. Eastern Bering Sea Tanner crab   4 of the 6         3 of the 6         In any 2 of the      4 years
 (EBT)                               seasons            seasons            last 3 seasons
                                     beginning on:      beginning on:      prior to June 10,
                                    (1) November 15,   (1) November 15,    2002 in the
                                     1991 through       1991 through       Eastern Aleutian
                                     March 31, 1992;    March 31, 1992;    Island golden
                                    (2) November 15,   (2) November 15,    (brown) king crab,
                                     1992 through       1992 through       Western Aleutian
                                     March 31, 1993;    March 31, 1993;    Island golden
                                    (3) November 1-    (3) November 1-     (brown) king crab,
                                     10, 1993, and      10, 1993, and      Bering Sea snow
                                     November 20,       November 20,       crab, or Bristol
                                     1993 through       1993 through       Bay red king crab
                                     January 1, 1994;   January 1, 1994;   fisheries.
                                    (4) November 1-    (4) November 1-
                                     21, 1994;          21, 1994;
                                    (5) November 1-    (5) November 1-
                                     16, 1995;          16, 1995;
                                    (6) November 1-5,  (6) November 1-5,
                                     1996 and           1996 and
                                     November 15-27,    November 15-27,
                                     1996.              1996.
----------------------------------------------------------------------------------------------------------------
5. Pribilof red king and blue king  4 years of the 5-  3 years of the 5-  In any 2 of the      4 years
 crab (PIK)                          year period        year period        last 3 seasons
                                     beginning on:      beginning on:      prior to June 10,
                                    (1) September 15-  (1) September 15-   2002 in the
                                     21, 1994;          21, 1994;          Eastern Aleutian
                                    (2) September 15-  (2) September 15-   Island golden
                                     22, 1995;          22, 1995;          (brown) king crab,
                                    (3) September 15-  (3) September 15-   Western Aleutian
                                     26, 1996;          26, 1996;          Island golden
                                    (4) September 15-  (4) September 15-   (brown) king crab,
                                     29, 1997;          29, 1997;          Bering Sea snow
                                    (5) September 1-   (5) September 15-   crab, or Bristol
                                     28, 1998.          28, 1998.          Bay red king crab
                                                                           fisheries, except
                                                                           that persons
                                                                           applying for an
                                                                           allocation to
                                                                           receive QS based
                                                                           on legal landings
                                                                           made aboard a
                                                                           vessel less than
                                                                           60 feet (18.3 m)
                                                                           LOA at the time of
                                                                           harvest are exempt
                                                                           from this
                                                                           requirement.
----------------------------------------------------------------------------------------------------------------

[[Page 14161]]

 
6. St. Matthew blue king crab       4 years of the 5-  3 years of the 5-  In any 2 of the      4 years
 (SMB)                               year period        year period        last 3 seasons
                                     beginning on:      beginning on:      prior to June 10,
                                    (1) September 15-  (1) September 15-   2002 in the
                                     22, 1994;          22, 1994;          Eastern Aleutian
                                    (2) September 15-  (2) September 15-   Island golden
                                     20, 1995;          20, 1995;          (brown) king crab,
                                    (3) September 15-  (3) September 15-   Western Aleutian
                                     23, 1996;          23, 1996;          Island golden
                                    (4) September 15-  (4) September 15-   (brown) king crab,
                                     22, 1997;          22, 1997; and      Bering Sea snow
                                    (5) September 15-  (5) September 15-   crab, or Bristol
                                     26, 1998.          26, 1998.          Bay red king crab
                                                                           fisheries.
----------------------------------------------------------------------------------------------------------------
7. Western Aleutian Islands brown   5 of the 5         3 of the 5         (1) September 1,     5 years
 king crab (WAG)                     seasons            seasons            1999 through
                                     beginning on:      beginning on:      August 14, 2000.
                                    (1) September 1,   (1) September 1,   (2) August 15, 2000
                                     1996 through       1996 through       through March 28,
                                     August 31, 1997;   August 31, 1997;   2001.
                                    (2) September 1,   (2) September 1,   (3) August 15 2001
                                     1997 though        1997 though        through March 30,
                                     August 21, 1998;   August 31, 1998;   2002.
                                    (3) September 1,   (3) September 1,
                                     1998 through       1998 through
                                     August 31, 1999;   August 31, 1999;
                                    (4) September 1,   (4) September 1,
                                     1999 through       1999 through
                                     August 14, 2000;   August 14, 2000;
                                    (5) August 15,     (5) August 15,
                                     2000 through       2000 through
                                     March 28, 2001.    March 28, 2001.
----------------------------------------------------------------------------------------------------------------
8. Western Aleutian Islands red     3 of the 4         3 of the 4         In any 2 of the      3 years
 king crab (WAI)                     seasons            seasons            last 3 seasons
                                     beginning on:      beginning on:      prior to June 10,
                                    (1) November 1,    (1) November 1,     2002 in the
                                     1992 through       1992 through       Eastern Aleutian
                                     January 15,        January 15,        Island golden
                                     1993;              1993;              (brown) king crab,
                                    (2) November 1,    (2) November 1,     Western Aleutian
                                     1993 through       1993 through       Island golden
                                     February 15,       February 15,       (brown) king crab,
                                     1994;              1994;              Bering Sea snow
                                    (3) November 1-    (3) November 1-     crab, or Bristol
                                     28, 1994;          28, 1994;          Bay red king crab
                                    (4) November 1,    (4) November 1,     fisheries.
                                     1995 through       1995 through
                                     February 13,       February 13,
                                     1996.              1996.
----------------------------------------------------------------------------------------------------------------

[[Page 14162]]

 
9. Western Bering Sea Tanner crab   4 of the 6         3 of the 6         In any 2 of the      4 years
 (WBT)                               seasons            seasons            last 3 seasons
                                     beginning on:      beginning on:      prior to June 10,
                                    (1) November 15,   (1) November 15,    2002 in the
                                     1991 through       1991 through       Eastern Aleutian
                                     March 31, 1992;    March 31, 1992;    Island golden
                                    (2) November 15,   (2) November 15,    (brown) king crab,
                                     1992 through       1992 through       Western Aleutian
                                     March 31, 1993;    March 31, 1993;    Island golden
                                    (3) November 1-    (3) November 1-     (brown) king crab,
                                     10, 1993, and      10, 1993, and      Bering Sea snow
                                     November 20,       November 20,       crab, or Bristol
                                     1993 through       1993 through       Bay red king crab
                                     January 1, 1994;   January 1, 1994;   fisheries.
                                    (4) November 1-    (4) November 1-
                                     21, 1994;          21, 1994;
                                    (5) November 1-    (5) November 1-
                                     16, 1995;          16, 1995;
                                    (6) November 1-5,  (6) November 1-5,
                                     1996 and           1996 and
                                     November 15-27,    November 15-27,
                                     1996.              1996.
----------------------------------------------------------------------------------------------------------------


  Table 8 to Part 680--Initial QS and PQS Pool for Each Crab QS Fishery
------------------------------------------------------------------------
        Crab QS Fishery            Initial QS Pool     Initial PQS Pool
------------------------------------------------------------------------
BBR [dash] Bristol Bay red king  400,000,000          400,000,000
 crab
------------------------------------------------------------------------
BSS [dash] Bering Sea snow crab  1,000,000,000        1,000,000,000
 C. opilio
------------------------------------------------------------------------
EAG [dash] Eastern Aleutian      10,000,000           10,000,000
 Islands golden king crab
------------------------------------------------------------------------
EBT [dash] Eastern Bering Sea    200,000,000          200,000,000
 Tanner crab (C. bairdi)
------------------------------------------------------------------------
PIK [dash] Pribilof Islands red  30,000,000           30,000,000
 and blue king crab
------------------------------------------------------------------------
SMB [dash] St. Matthew blue      30,000,000           30,000,000
 king crab
------------------------------------------------------------------------
WAG [dash] Western Aleutian      40,000,000           40,000,000
 Islands golden king crab
------------------------------------------------------------------------
WAI [dash] Western Aleutian      60,000,000           60,000,000
 Islands red king crab
------------------------------------------------------------------------
WBT [dash] Western Bering Sea    200,000,000          200,000,000
 Tanner crab (C. bairdi)
------------------------------------------------------------------------


                      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
 Column A: For each crab QS fishery:   person based on that person=s total legal purchase of crab in each of the
                                                             crab QS fisheries for any...
----------------------------------------------------------------------------------------------------------------
Bristol Bay red king crab (BBR)       3 years of the 3-year QS base period beginning on:
                                      (1) November 1-5, 1997;
                                      (2) November 1-6, 1998; and
                                      (3) October 15-20, 1999.
----------------------------------------------------------------------------------------------------------------
Bering Sea snow crab (BSS)            3 years of the 3-year period beginning on:
                                      (1) January 15, 1997 through March 21, 1997;
                                      (2) January 15, 1998 through March 20, 1998; and
                                      (3) January 15, 1999 through March 22, 1999.
----------------------------------------------------------------------------------------------------------------
Eastern Aleutian Island golden king   4 years of the 4-year base period beginning on:
 crab (EAG)                           (1) September 1, 1996 through December 25, 1996;
                                      (2) September 1, 1997 though November 24, 1997;
                                      (3) September 1, 1998 through November 7, 1998; and
                                      (4) September 1, 1999 through October 25, 1999.
----------------------------------------------------------------------------------------------------------------

[[Page 14163]]

 
Eastern Bering Sea Tanner crab (EBT)  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.
----------------------------------------------------------------------------------------------------------------
Pribilof Islands red and blue king    3 years of the 3-year period beginning on:
 crab (PIK)                           (1) September 15-26, 1996;
                                      (2) September 15-29, 1997; and
                                      (3) September 15-28, 1998.
----------------------------------------------------------------------------------------------------------------
St. Matthew blue king crab (SMB)      3 years of the 3-year period beginning on:
                                      (1) September 15-23, 1996;
                                      (2) September 15-22, 1997; and
                                      (3) September 15-26, 1998.
----------------------------------------------------------------------------------------------------------------
Western Aleutian Island golden king   4 years of the 4-year base period beginning on:
 crab (WAG)                           (1) September 1, 1996 through August 31, 1997;
                                      (2) September 1, 1997 though August 31, 1998;
                                      (3) September 1, 1998 through August 31, 1999; and
                                      (4) September 1, 1999 through August 14, 2000.
----------------------------------------------------------------------------------------------------------------
Western Aleutian Islands red king     Equivalent to the total legally processed crab in the Western Aleutian
 crab (WAI)                            Islands golden (brown) king crab fishery during the qualifying years
                                       established for that fishery.
----------------------------------------------------------------------------------------------------------------
Western Bering Sea Tanner crab (WBT)  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.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 06-2705 Filed 3-20-06; 8:45 am]
BILLING CODE 3510-22-S