[Federal Register Volume 73, Number 32 (Friday, February 15, 2008)]
[Rules and Regulations]
[Pages 8822-8824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2932]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071029546-7546-02]
RIN 0648-AU85


Fisheries of the Exclusive Economic Zone Off Alaska; Individual 
Fishing Quota Program

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

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule to modify the Individual Fishing 
Quota (IFQ) Program for the fixed-gear commercial Pacific halibut 
fishery and sablefish fishery by revising regulations governing the use 
of commercial halibut quota share (QS) and the processing of non-IFQ 
species when processed halibut is onboard a vessel. This action amends 
current regulations to allow persons holding category A halibut QS to 
process IFQ regardless of whether a QS holder with unused category B, 
C, or D halibut QS is onboard the vessel. This action also allows 
catcher/processor vessels to process non-IFQ species regardless of 
whether any processed IFQ species is onboard the vessel. This action is 
necessary to improve the efficiency of fishermen fishing on catcher/
processor vessels. The action is intended to allow halibut QS holders 
greater flexibility in using their QS, allow use of crew who hold 
unused category B, C, or D halibut QS while onboard a category A 
halibut QS vessel, and increase the product quality of non-IFQ species 
harvested incidentally to IFQ halibut.

DATES: Effective March 17, 2008.

ADDRESSES: Copies of the Categorical Exclusion (CE) and the Regulatory 
Impact Review/Final Regulatory Flexibility Analysis (RIR/FRFA) prepared 
for this action are available by mail from NMFS, Alaska Region, P.O. 
Box 21668, Juneau, AK 99802-1668, Attn: Ellen Sebastian, Records 
Officer; in person at NMFS, Alaska Region, 709 West 9th Street, Room 
420A, Juneau, AK; or via the Internet at the NMFS Alaska Region website 
at http://www.fakr.noaa.gov.

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

SUPPLEMENTARY INFORMATION: The International Pacific Halibut Commission 
(IPHC) and NMFS manage fishing for Pacific halibut (Hippoglossus 
stenolepis) through regulations established under the authority of the 
Convention between the United States and Canada for the Preservation of 
the Halibut Fishery of the Northern Pacific Ocean and Bering Sea 
(Convention) and the Northern Pacific Halibut Act of 1982 (Halibut 
Act). The IPHC promulgates regulations pursuant to the Convention. The 
IPHC's regulations are subject to approval by the Secretary of State 
with concurrence from the Secretary of Commerce (Secretary). After 
approval by the Secretary of State and the Secretary, the IPHC 
regulations are published in the Federal Register as annual management 
measures pursuant to 50 CFR 300.62 (72 FR 11792; March 14, 2007).
    The Halibut Act also authorizes the North Pacific Fishery 
Management Council (Council) to develop and submit regulations to the 
Secretary to allocate harvesting privileges among U.S. fishermen. 
Regulations developed by the Council are implemented only with the 
approval of the Secretary. Like the original Halibut and Sablefish IFQ 
Program (IFQ Program) regulations and subsequent amendments to them, 
this action was developed by the Council under authority of the Halibut 
Act.
    The Council, under the authority of the Halibut Act (with respect 
to Pacific halibut) and the Magnuson-Stevens Fishery Conservation and 
Management Act (with respect to sablefish), adopted the IFQ Program in 
1991. The IFQ Program established a limited access system for managing 
the fixed gear Pacific halibut fishery in Convention waters in and off 
Alaska and sablefish fisheries in waters of the Exclusive Economic 
Zone, located between 3 and 200 miles off Alaska. The IFQ Program was 
approved by NMFS in January 1993, and promulgated in Federal regulation 
on November 9, 1993 (58 FR 59375). Fishing under the IFQ Program began 
on March 15, 1995, ending the open access fishery which preceded its 
implementation. Regulations implementing the IFQ Program are at 50 CFR 
part 679. In addition, Federal regulations at 50 CFR part 300, subpart 
E, also govern the halibut IFQ fishery.

Background and Need for Action

    The background and need for this action were described in detail in 
the preamble to the proposed rule published in the Federal Register on 
November 14, 2007 (72 FR 64034). In summary, this final rule will 
relieve some of the restrictions affecting holders of commercial 
halibut QS.
    Under the IFQ Program, QS represents a harvesting privilege for a 
person. On an annual basis, QS holders are authorized to harvest a 
specified poundage which is issued by NMFS as IFQ. Federal regulations 
at 50 CFR 679.40(a)(5) divide QS into vessel categories (A, B, C, and D 
for halibut) with unique restrictions designed to prevent excessive 
consolidation and regulate total harvest. With few exceptions, halibut 
QS or IFQ assigned to a vessel category may not be used to harvest IFQ 
species on a vessel of a different category.
    The IFQ Program includes an economic protection measure prohibiting 
the processing of non-IFQ species (e.g., Pacific cod) onboard a vessel 
on which a person holds catcher vessel halibut IFQ. This prohibition 
resulted in the unanticipated waste of species caught incidentally to 
halibut, especially rockfish and Pacific cod. In addition, persons 
fishing halibut IFQ derived from category A QS could not process any 
species if a person onboard the vessel held unused halibut IFQ

[[Page 8823]]

derived from category B, C, or D QS. Also, operators of catcher/
processor vessels fishing for Pacific cod, for example, would have to 
employ crew members who did not have unused catcher vessel IFQ (i.e., 
IFQ derived from category B, C, or D halibut QS) for halibut, or 
catcher/processor operators would have to delay fishing for non-IFQ 
species until all crew members onboard had fully used their catcher 
vessel IFQ for halibut. Hence, the processing restriction limited the 
crew that could be onboard catcher/processor vessels and the timing of 
fishing by catcher/processor vessels.
    This action is intended to increase the revenue generated from 
harvested species by (1) allowing non-IFQ fish species to be processed 
on a vessel otherwise authorized to process fish, rather than allowing 
non-IFQ species to degrade into low value products or be wasted while 
IFQ species are sought; and (2) allowing processed and unprocessed IFQ 
species to be onboard the same vessel during the same fishing trip.
    This action will allow the processing of non-IFQ and IFQ species on 
a vessel that is otherwise authorized to process non-IFQ species when 
any amount of halibut IFQ resulting from QS in categories B, C, or D 
are held by persons onboard the vessel. This action will not allow the 
processing of category B, C, or D halibut IFQ onboard a catcher/
processor vessel. Instead, this action will allow persons possessing 
unused catcher vessel category B, C, or D halibut QS to be onboard a 
catcher/processor vessel when that vessel is harvesting and processing 
category A halibut or sablefish IFQ or is harvesting and processing 
non-IFQ species. This action will relieve a restriction on catcher/
processor vessels which will increase their efficiency. The regulatory 
change will remove regulatory text currently at Sec.  679.7(f)(13) and 
(14) and Sec.  679.42(k). There is no new regulatory text.

Response to Comments

    The proposed rule for this action was published in the Federal 
Register on November 14, 2007 (72 FR 64034). One commenter submitted a 
comment to NMFS in support of the rule.

Changes From the Proposed Rule

    No changes are made in this final rule from the proposed rule.

Classification

    The Administrator, Alaska Region, NMFS, determined that this 
amendment is necessary for the conservation and management of the 
halibut fishery and that it is consistent with the Halibut Act and 
other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866. This final rule also complies with 
the Secretary's authority under the Halibut Act to implement management 
measures for the halibut fishery.
    A final regulatory flexibility analysis (FRFA) was prepared. The 
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a 
summary of the significant issues raised by the public comments in 
response to the IRFA, NMFS's responses to those comments, and a summary 
of the analyses completed to support the action. A copy of this 
analysis is available from NMFS (see ADDRESSES). A description of this 
action, why it is being considered, and the legal basis for this action 
are presented above in the preamble to this rule. NMFS received one 
public comment, and that was in support of the proposed rule. No 
comments were received in response to the IRFA or on the economic 
impacts of the rule and no changes were made in the proposed rule. A 
summary of the FRFA follows.
    This action will directly regulate approximately 3,233 persons 
holding category B, C, or D halibut QS, 33 catcher/processor vessels, 
and 1,312 vessels that hold catcher vessel endorsements for vessels 
less than 60 ft (18.6 m) length overall on their license limitation 
program permits. NMFS does not possess sufficient ownership and 
affiliation information to determine the precise number of quota share 
holders considered small entities in the IFQ Program or the number of 
small entities that will be adversely impacted by this action. NMFS 
assumes that all directly regulated entities have gross revenues less 
than $4 million, and that they are thus small entities for the purposes 
of the Regulatory Flexibility Act. In 2004, 1,335 unique IFQ vessels 
made IFQ landings.
    Compared with status quo, this action may increase the revenue 
generated from non-IFQ species harvested by increasing the quality of 
offloaded product. This action will allow QS holders already authorized 
to process fish at-sea to optimize the revenue generated from harvested 
non-IFQ groundfish. Processing capacity is not expected to increase 
because the number of vessels currently authorized to process 
groundfish catch onboard while harvesting IFQ derived from category A 
quota share will not change. This action also may increase benefits to 
persons holding QS because it allows IFQ to be processed regardless of 
whether another quota share holder is onboard, including crew holding 
catcher vessel category B, C, or D QS who are working onboard vessels 
with category A QS.
    The purpose of this action is to relieve a restriction on small 
entities. NMFS is not aware of any additional alternatives to those 
considered that would accomplish the objectives of this action, the 
Halibut Act, and other applicable statutes and that would minimize the 
economic impact of the action on small entities. The Council received 
two proposals on this issue, incorporated them into what became this 
final action, and evaluated them jointly after a preliminary review 
found that they were functionally the same. This action will completely 
repeal the subject requirements. Repeal will remove a restriction from 
directly regulated entities and potentially lead to increased profits. 
Other alternatives might have been designed to limit the ability of 
this action to accomplish the objectives, by limiting the scope of the 
repeal to particular species or halibut QS classes, or by providing for 
a delayed effective date. However, these alternatives would not have 
been significantly different from this action. They would not have 
involved substantively different approaches to addressing the problem 
that had been identified. Moreover, because this action relaxes a 
restriction on directly regulated small entities, these alternatives 
would have reduced the potential benefits of this action for these 
small entities or the classes of entities that might benefit from them.
    According to NOAA Administrative Order (NAO) 216-6, including the 
criteria used to determine significance, this rule will not have a 
significant effect, individually or cumulatively, on the human 
environment beyond those effects identified in the previous National 
Environmental Policy Act (NEPA) analysis. An environmental impact 
statement (EIS; dated December 1992) was prepared for the final rule 
implementing the original halibut and sablefish IFQ and Community 
Development Quota Programs (58 FR 59375; November 9, 1993). The scope 
of the EIS includes the potential environmental impacts of this 
proposed rule because the EIS analyzed the original IFQ Program, which 
included analyses of biological and socioeconomic impacts on the 
environment, affected fishermen, and affected communities. Based on the 
nature of the proposed rule and the previous environmental analysis, 
this proposed rule is categorically excluded from the requirement to 
prepare either

[[Page 8824]]

an EIS or an environmental assessment, in accordance with Section 5.05b 
of NAO 216-6. Copies of the EIS for the original halibut and sablefish 
IFQ and Community Development Quota Programs and the categorical 
exclusion for this action are available from NMFS (see ADDRESSES).

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules.
    The preamble to this final rule serves as the small entity 
compliance guide. This action does not require any additional 
compliance from small entities that is not described in the preamble. 
Copies of this final rule are available from NMFS (see ADDRESSES) and 
at the following website: http://www.fakr.noaa.gov.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: February 11, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 679 is amended as 
follows:

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

0
1. The authority citation for part 679 continues to read as follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., 3631 et seq.; 
Pub. L. 108 447.


Sec.  679.7  [Amended]

0
2. In Sec.  679.7, paragraph (f)(13) is removed and reserved, paragraph 
(f)(15) is removed, and paragraphs (f)(16) and (f)(17) are redesignated 
as paragraphs (f)(15) and (f)(16), respectively.


Sec.  679.42  [Amended]

0
3. In Sec.  679.42, paragraph (k) is removed and paragraph (l) is 
redesignated as paragraph (k).

[FR Doc. E8-2932 Filed 2-14-08; 8:45 am]
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