[Federal Register Volume 71, Number 109 (Wednesday, June 7, 2006)]
[Rules and Regulations]
[Pages 32862-32872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8861]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 680

[Docket No. 060227052-6139-02; 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: Final rule.

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

SUMMARY: NMFS issues a final rule implementing Amendment 20 to the 
Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner 
crabs (FMP). This action amends the Crab Rationalization Program 
(hereinafter referred to as the Program) to 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 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: Effective on July 7, 2006.

ADDRESSES: Copies of Amendment 20, the Final Regulatory Flexibility 
Analysis (FRFA), and the Environmental Assessment (EA), Regulatory 
Impact Review (RIR), and Initial Regulatory Flexibility Analysis (IRFA) 
prepared for this action may be obtained from the NMFS Alaska Region, 
P.O. Box 21668, Juneau, AK 99802, Attn: Records Office, and on the 
Alaska Region, NMFS, website at http://www.fakr.noaa.gov/sustainablefisheries/crab/eis/default.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 Bering Sea and Aleutian Islands (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 to implement 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).
    In October 2005, the Council adopted Amendment 20 to the FMP. The 
Notice of Availability for Amendment 20 was published in the Federal 
Register on February 27, 2006 (71 FR 9770). NMFS approved Amendment 20 
on May 25, 2006.
    NMFS published a proposed rule to implement Amendment 20 in the 
Federal Register on March 21, 2006 (71 FR 14153). Public comments on 
the proposed rule were solicited through May 5, 2006. No public 
comments were received and therefore, no changes were made from the 
proposed to final rule.
    A description of this action is provided in the preamble to the 
proposed rule (March 21, 2006, 71 FR 14153) and is briefly summarized 
here. 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. 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.
    Amendment 20 to the FMP modifies the allocation of harvesting 
shares and processing shares for Bering Sea Tanner crab to accommodate 
management of geographically separate Tanner crab fisheries. This 
action allocates QS and PQS and the resulting IFQ and IPQ for two 
Tanner crab fisheries, one east of 166[deg] W. longitude and the other 
west of 166[deg] W. longitude. Revision of the QS and PQS allocations 
resolves the current inconsistency between current allocations and 
management of the Tanner crab species as two stocks. This change will 
reduce administrative costs for managers and the operational costs of 
harvesters and processors while increasing their flexibility.
    This action does not alter the basic structure or management of the 
Program. Reporting, monitoring, fee

[[Page 32863]]

collection, and other requirements to participate in the Tanner crab 
fishery are unchanged. This action does not increase the number of 
harvesters or processors in the Tanner crab fisheries or the amount of 
crab that may be harvested currently. This action does not affect 
regional delivery requirements or other restrictions on harvesting and 
processing Tanner crab that currently apply.
    NMFS will 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 will 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 will 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 will 
not increase the number of initially issued Tanner crab quota holders. 
Tanner crab QS and PQS holders will receive IFQ and IPQ in a specific 
fishery only if that specific Tanner crab fishery has a harvestable 
surplus and a total allowable catch (TAC) assigned by the State.
    NMFS will 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 announces the TACs for the 2006/2007 crab fishing 
seasons (October 1, 2006). This will reduce any potential conflict with 
the current Tanner crab fishery.

Classification

    The Regional Administrator determined that Amendment 20 is 
necessary for the conservation and management of the Bering Sea crab 
fisheries and that it is consistent with the Magnuson-Stevens Act and 
other applicable laws.
    NMFS prepared an FRFA which incorporates the IRFA, a summary of the 
analyses completed to support the action, and public comments received 
on the IRFA. A copy of this analysis is available from NMFS (see 
ADDRESSES). The following summarizes the FRFA.
    The FRFA evaluates the impacts of this rule. The FRFA addresses the 
statutory requirements of the Regulatory Flexibility Act (RFA) of 1980, 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996 (5 U.S.C. 601-612). It specifically addresses the 
requirements at section 604(a).

Issues Raised by Public Comments on the IRFA

    The proposed rule was published in the Federal Register on March 
21, 2006 (71 FR 14153). An IRFA was prepared for the proposed rule, and 
described in the classifications section of the preamble to the rule. 
The public comment period ended on May 5, 2006. No public comment were 
received on the IRFA. No changes were made to the final rule from the 
proposed rule.

Need for and Objectives of This Action

    The reasons for this action and the objectives and legal basis for 
the rule are discussed in the preamble to this rule and are not 
repeated here.

Number and Description of Small Entities Affected by the Rule

    The FRFA 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. 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 Limited License Program (LLP) license holders were made under the 
Program, for a total of 455 QS allocations in the 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 11 are 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.

Recordkeeping and Reporting Requirements

    The reporting, recordkeeping, and other compliance requirements of 
the final rule will not change from those of the Program with respect 
to QS, IFQ, PQS, and IPQ. As such, this action requires no additional 
reporting, recordkeeping, or other compliance requirements.

Description of Significant Alternatives and Description of Steps Taken 
to Minimize the Significant Economic Impacts on Small Entities

    The EA/RIR/FRFA prepared for this action analyzed a suite of three 
alternatives for harvesters, and a separate suite of three alternatives 
for processors. Alternative 1 for 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 receives 
an allocation in both fisheries based on all qualifying catches 
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 would 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 are created for the two 
fisheries. Share holders can trade shares in the fisheries 
independently to establish long-term relationships in each fishery. 
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.

[[Page 32864]]

    Although the different allocations under consideration in this 
action would have distributional and efficiency impacts for individual 
participants, in no case are these aggregated impacts expected to be 
substantial. In all instances, similar numbers of participants would 
receive allocations.
    Alternative 1 for harvesters would create inefficiencies for 
harvesters by failing to provide a mechanism to ensure that quota is 
managed for each stock separately in accordance with biomass 
distribution. Preferred Alternative 2 provides additional flexibility 
to industry participants to 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 privileges to two 
distinct stocks. Alternative 3 would skew the allocation of a 
harvesters QS to a specific region based on historic catch that may not 
be reflective of current fishing practices, and could result in 
increased transaction costs for harvesters to transfer QS or IFQ to fit 
their current fishing practices.
    Alternative 1 for processors would fail to provide an opportunity 
for processors to establish long term relationships with specific 
harvesters for specific Tanner crab deliveries. This could increase 
operational costs. 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 Alternatives 1 and 3 for processors by increasing their ability 
to establish fixed long-term relationships with a harvester for 
delivery of their IFQ.
    Differences in efficiency that could arise among the harvester and 
processor alternatives 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.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Small Entity Compliance Guide

    NMFS has posted a small entity compliance guide on the Internet at 
http://www.fakr.noaa.gov/sustainablefisheries/crab/crfaq.htm to satisfy 
the Small Business Regulatory Enforcement Fairness Act of 1996, which 
requires a plain language guide to assist small entities in complying 
with this rule. Contact NMFS to request a hard copy of the guide (see 
ADDRESSES).

List of Subjects in 50 CFR Part 680

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: June 1, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 680 is amended as 
follows:

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

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

    Authority: 16 U.S.C. 1862.

0
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 of this chapter 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 of this chapter 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]

0
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,
------------------------------------------------------------------------


0
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         ........  ............
------------------------------------------------------------------------

[[Page 32865]]

 
(F) BBR                       X         X         ........  ............
------------------------------------------------------------------------
(G) PIK                       X         X         ........  ............
------------------------------------------------------------------------
(H) SMB                       X         X         ........  ............
------------------------------------------------------------------------
(I) WAI                       ........  X         ........  ............
------------------------------------------------------------------------

* * * * *

0
5. In Sec.  680.42, revise paragraph (a)(2)(i), (a)(3)(i), (a)(4)(i), 
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
------------------------------------------------------------------------

[[Page 32866]]

 
(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
------------------------------------------------------------------------
(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) * * *
    (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.
* * * * *

0
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 32867]]

 
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
7. Revise Tables 7,8, and 9 to part 680 to read as follows:

[[Page 32868]]



                       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-    (1) November 1-    (3) October 15-18,
                                     5, 1996;           5, 1996;           2001.
                                     (2) November 1-    (2) November 1-
                                     5, 1997;           5, 1997;
                                     (3) November 1-    (3) November 1-
                                     6, 1998;           6, 1998;
                                     (4) October 15-    (4) October 15-
                                     20, 1999;          20, 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 32869]]

 
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,
                                     1996 through       1996 through       2000 through
                                     December 25,       December 25,       September 24,
                                     1996;              1996;              2000.
                                     (2) September 1,   (2) September 1,   (3) August 15,
                                     1997 though        1997 though        2001 through
                                     November 24,       November 24,       September 10,
                                     1997;              1997;              2001.
                                     (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-    (6) November 1-
                                     5, 1996 and        5, 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 32870]]

 
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,
                                     1996 through       1996 through       2000 through March
                                     August 31, 1997;   August 31, 1997;   28, 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 32871]]

 
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-    (6) November 1-
                                     5, 1996 and        5, 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
Column A:  For each crab QS fishery:    qualified 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 32872]]

 
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. E6-8861 Filed 6-6-06; 8:45 am]
BILLING CODE 3510-22-S