[Federal Register Volume 71, Number 62 (Friday, March 31, 2006)]
[Proposed Rules]
[Pages 16278-16279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4749]



[[Page 16278]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 680

[I.D. 032406D]
RIN 0648-AU37


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: Notice of availability of fishery management plan amendment; 
request for comments.

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SUMMARY: Congress amended the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) to require the Secretary of 
Commerce (Secretary) to approve the Bering Sea/Aleutian Islands (BSAI) 
Crab Rationalization Program (Program). The Program allocates BSAI crab 
resources among harvesters, processors, and coastal communities. 
Amendment 21 would modify the Fishery Management Plan for Bering Sea/
Aleutian Islands (BSAI) King and Tanner crabs (FMP) and the Program to 
alter the timing for harvesters and processors to match harvesting and 
processing shares and the timing for initiating arbitration proceedings 
incorporated in the Program to resolve price and other delivery 
disputes among harvesters and processors. This action is intended to 
promote the goals and objectives of the Magnuson-Stevens Act, the FMP, 
and other applicable laws.

DATES: Comments on the amendment must be received on or before May 30, 
2006.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Records Office. Comments may be submitted by:
     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.
     E-mail: [email protected]. Include in the 
subject line of the e-mail the following document identifier: Crab 
Rationalization RIN 0648-AU37. E-mail comments, with or without 
attachments, are limited to 5 megabytes.
     Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions at that site for 
submitting comments.
    Copies of Amendment 21 and the 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 Web site at http://www.fakr.noaa.gov/sustainablefisheries.htm.

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

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each 
regional fishery management council submit any fishery management plan 
amendment it prepares to NMFS for review and approval, disapproval, or 
partial approval by the Secretary. The Magnuson-Stevens Act also 
requires that NMFS, upon receiving a fishery management plan amendment, 
immediately publish a notice in the Federal Register announcing that 
the amendment is available for public review and comment.
    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. Regulations implementing these 
amendments were published on March 2, 2005 (70 FR 10174) and are 
located at 50 CFR part 680. Amendment 20 to the FMP, which would 
authorize the management of an Eastern and Western Tanner crab (C. 
bairdi), is currently under Secretarial review. A NOA for Amendment 20 
was published in the Federal Register on February 27, 2006. The comment 
period on the NOA ends on April 28, 2006. A proposed rule to implement 
Amendment 20 was published in the Federal Register on March 21, 2006 
(71 FR 14153). The comment period on the proposed rule ends on May 5, 
2006.
    The Council submitted Amendment 21 to the FMP for Secretarial 
review, which would make minor changes to the FMP necessary for the 
management of the arbitration system under the Program. If approved, 
Amendment 21 to the FMP would modify the timing of both share matching 
and initiation of a binding arbitration proceeding by removing the 
requirement that share matching and binding arbitration must be 
initiated at a certain point prior to the date of the first crab 
fishing season. Amendment 21 would require initiation of share matching 
and binding arbitration after the issuance of individual fishing quota 
(IFQ) and individual processor quota (IPQ). This revision would provide 
participants with a reasonable and reliable opportunity to fully use 
the arbitration system.
    The Program includes an arbitration system to resolve price, 
delivery terms, and other disputes, in the event that holders of Class 
A IFQ and IPQ are unable to negotiate those terms. Under the existing 
arbitration system regulations, after the issuance of IFQ and IPQ, 
harvesters that are not affiliated with a processor through ownership 
or control linkages (unaffiliated harvesters) are permitted to 
unilaterally commit delivery of harvests from Class A IFQ to a 
processor with available IPQ. Once committed, the unaffiliated 
harvester is permitted to initiate a binding arbitration proceeding if 
the parties are unable to agree to the terms of delivery. The IFQ 
holder must initiate binding arbitration proceedings at least 15 days 
prior to a season opening. This approach is commonly called the ``share 
match'' approach to binding arbitration.
    The share match approach to resolve price disputes does not meet 
the needs of IFQ holders. Under the current schedule for the stock 
assessment process and total allowable catch determination, NMFS 
typically does not issue IFQ and IPQ 15 days prior to a season opening, 
which limits the ability of IFQ holders to rely on the share match 
component to achieve a price resolution. Amendment 21 would modify the 
timing for the initiation of binding arbitration under share matching 
so that it would be based upon the issuance of IFQ and IPQ, including a 
five-day assessment period for negotiated commitments, instead of upon 
the starting date of a crab season. For a period of five days after the 
issuance of IFQ and IPQ, unaffiliated harvesters holding Class A IFQ 
and holders of IPQ could voluntarily agree to commit their respective 
shares. After the five-day assessment period, holders of uncommitted 
Class A IFQ may unilaterally commit that IFQ to any holder of 
uncommitted IPQ. During the 10-day period beginning five days after the 
issuance of IFQ and IPQ, any holder of committed Class A IFQ could 
unilaterally initiate a binding arbitration proceeding with the IPQ 
holder to which the IFQ were committed.

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    Public comments are being solicited on proposed Amendment 21 
through the end of the comment period (see DATES). NMFS intends to 
publish a proposed rule that would implement Amendment 21 in the 
Federal Register for public comment, following NMFS' evaluation under 
the Magnuson-Stevens Act procedures. Public comments on the proposed 
rule must be received by the end of the comment period on Amendment 21 
to be considered in the approval/disapproval decision on Amendment 21. 
All comments received by the end of the comment period on Amendment 21, 
whether specifically directed to the FMP amendment or the proposed 
rule, will be considered in the approval/disapproval decision. Comments 
received after that date will not be considered in the approval/
disapproval decision on the amendments. To be considered, comments must 
be received not just postmarked or otherwise transmitted by the close 
of business on the last day of the comment period.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 27, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E6-4749 Filed 3-30-06; 8:45 am]
BILLING CODE 3510-22-S