[Federal Register Volume 74, Number 228 (Monday, November 30, 2009)]
[Rules and Regulations]
[Pages 62506-62515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28545]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0911161406-91407-01]
RIN 0648-AY37


Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; 
Individual Fishing Quota Program; Western Alaska Community Development 
Quota Program; Recordkeeping and Reporting; Correction

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

ACTION: Final rule, correction.

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SUMMARY: This action corrects column headings of a regulatory table; 
provides replacements for outdated text; reinstates a paragraph which 
describes the Chiniak Gully Research Area; corrects footnotes and other 
errors in two tables; and corrects two maps. These errors should be 
corrected immediately to eliminate potential confusion by the regulated 
public. This action is intended to promote the goals and objectives of 
the Magnuson-Stevens Fishery Conservation and Management Act and other 
applicable law.

DATES: Effective November 30, 2009.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    NMFS manages the U.S. groundfish fisheries of the exclusive 
economic zone off Alaska under the Fishery Management Plan for 
Groundfish of the Gulf of Alaska and the Fishery Management Plan for 
Groundfish of the Bering Sea and Aleutian Islands Management Area. With 
Federal oversight, the State of Alaska (State) manages the commercial 
king crab and Tanner crab fisheries under the Fishery Management Plan 
for Bering Sea/Aleutian Islands King and Tanner Crabs (collectively, 
FMPs). The FMPs were prepared by the North Pacific Fishery Management 
Council and approved by the Secretary of Commerce under authority of 
the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 
1801 et seq. The FMPs are implemented by regulations at 50 CFR parts 
679 and 680. General provisions governing fishing by U.S. vessels in 
accordance with the FMPs appear at subpart H of 50 CFR part 600.

[[Page 62507]]

    Management of the Pacific halibut fisheries in and off Alaska is 
governed by an international agreement, the ``Convention Between the 
United States of America and Canada for the Preservation of the Halibut 
Fishery of the Northern Pacific Ocean and Bering Sea,'' which was 
signed at Ottawa, Canada, on March 2, 1953, and was amended by the 
``Protocol Amending the Convention,'' signed at Washington, DC, March 
29, 1979. The Convention is implemented in the United States by the 
Northern Pacific Halibut Act of 1982 (Halibut Act). General provisions 
governing fishing by U.S. vessels in accordance with the FMPs appear at 
subpart H of 50 CFR part 600.

Need for Corrections

    This action corrects regulations recently promulgated in two final 
rules: a rule published on May 19, 2008 (73 FR 28733) and a rule 
published on December 15, 2008 (73 FR 76136). The revisions are needed 
to correct inadvertent errors.
    Table 13 to part 679 summarizes the use of forms for shipping, 
transporting, or transferring fish or fish product. In the final rule 
published in the Federal Register on May 19, 2008 (73 FR 28733), the 
outdated term ``IFQ card'' was replaced with ``IFQ hired master 
permit,'' because the IFQ card no longer exists. NMFS intended to 
change every occurrence of this phrase but missed the occurrence in 
Table 13 to part 679; this rule makes this correction. NMFS makes four 
additional revisions to Table 13. First, the cross-references to 
sections within the 679 regulations are moved from the column headings, 
indicated with a footnote number, and listed at the bottom of the table 
to make the table easier to read. Second, some of the cross-references 
are corrected as follows: the cross-reference in the Dockside Sales 
Receipt column heading of Table 13 is corrected to read ``Sec.  
679.5(g)(2)(iv)'', as the paragraph cited no longer exists. The cross-
reference in the Landing Receipt column heading is corrected to read 
``Sec.  679.5(e)(8)(vii)'' because the December 15, 2008, final rule 
(73 FR 76136) reorganized the paragraphs describing retention of 
landing receipts. Third, a column is added to list the buying station 
report, which is a form used by a buying station or tender vessel and 
described at Sec.  679.5(d). The addition of this form completes the 
list of the different types of product transfer forms in the part 679 
regulations. Finally, Table 13 is not cross-referenced in Sec.  679.5. 
Accordingly, to establish references to Table 13, this rule adds 
introductory paragraph (d); a sentence to the end of introductory 
paragraph (g)(1); introductory paragraph (k); introductory paragraph 
(l)(3); and introductory paragraph (l)(4). None of the revisions to 
Table 13 and associated regulatory text add new requirements or change 
existing requirements.
    Section 679.5(c)(1)(vi)(B) is a regulatory table that describes the 
distribution of logsheets from groundfish logbooks. This rule revises 
column headings describing logbooks used by catcher vessels and 
catcher/processors that use longline or pot gear. Operators of catcher 
vessels and catcher/processors using longline gear use the same logbook 
as operators of catcher vessels and catcher/processors using pot gear. 
The column headings incorrectly do not include ``pot gear;'' this rule 
will replace ``CV lgl'' and ``CP lgl'' with ``CV lgl/pot'' and ``CP 
lgl/pot,'' respectively.
    The December 15, 2008, final rule added a definition for ``non-
individual entity'' to standardize the terms used to describe an entity 
other than an individual. NMFS's intention was to replace the term 
``other entity'' with the new term ``other non-individual entity'' in 
all places in part 679 where the term ``other entity'' does not refer 
to an individual. Further, the intention was to add ``other non-
individual entity'' in paragraphs that referred to entities of a 
similar nature, e.g., corporations, associations, and partnerships. 
Section 679.42(j)(7) is corrected by revising the one remaining 
reference to ``corporation or a partnership'' to read ``corporation, 
partnership, association, or other non-individual entity.'' This 
correction makes consistent use of the term ``non-individual entity'' 
throughout the regulatory text.
    The final rule also removed and reserved Sec.  679.22(b)(6), which 
describes the Chiniak Gully Research Area; an area periodically closed 
to fishing. NMFS believed the closure had expired and so removed the 
paragraph. However, NMFS overlooked that it had published a June 1, 
2006 (71 FR 31105) final rule that revised the same paragraph and 
instituted another closure effective through 2010. This final rule re-
establishes this paragraph and the effective period of the closure 
through December 31, 2010.
    The December 15, 2008, final rule removed the term, ``weekly 
production report'' or ``WPR'' from 50 CFR part 679 and replaced it 
with the term ``production report'' in eLandings. It was NMFS's 
intention to replace all references to the WPR in the final rule; 
however, some references were missed and not replaced. This final rule 
corrects the omissions.
    Table 10 to part 679 lists percentages used for calculating maximum 
retainable amounts of species closed to directed fishing relative to 
basis species in the Gulf of Alaska. A spelling error is corrected in 
footnote 4 of Table 10 by removing S. polyspinous and replacing it with 
S. polyspinis.
    The Nearshore Bristol Bay Trawl Closure Area shown in Figure 12 to 
part 679 has coordinates that actually occur on land; the Legend 
provides the correct coordinates. The closure area is redrawn to 
correct the previous map which showed the closure area parallel to the 
coastline. The closure area is redrawn to exclude Alaska State 
territorial waters and waters of the protection zone around Round 
Island. An additional note is added to the Legend to explain these 
exclusions.
    The map in Figure 19 to part 679 is corrected to match the base map 
of the Gulf of Alaska reporting areas in Figure 3, which was revised in 
the December 15, 2008, final rule. The map is redrawn to correct the 
graphic western boundary of reporting area 610 which ends at 170 
degrees, not 171 degrees as shown on the illustration. Figure 19 has 
this same base map, but was not changed in the final rule. This final 
rule corrects the boundary in Figure 19.
    This rule also corrects other cross-reference errors as indicated 
in the Locate and Remove table.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator of 
Fisheries (AA) finds good cause to waive prior notice and opportunity 
for public comment otherwise required by the section. The corrections 
made by this rule do not make any substantive changes in the rights or 
obligations of fishermen managed under the groundfish regulations 
implemented in the May 10, 2008, final rule and the December 15, 2008, 
final rule.
    No aspect of this action is controversial, and no change in 
operating practices in the fishery is required. It was not NMFS's 
intent to impose incorrect regulations or to remove regulations that 
should have been retained. These errors should be corrected immediately 
to eliminate potential confusion by the regulated public. If left 
unrevised, these measures create ambiguous guidance, thus are likely to 
mislead fisheries participants and may weaken regulatory enforcement 
efforts.
    For the same reasons, the AA finds good cause under 5 U.S.C. 
553(d)(3) to waive the 30-day delay in effective date.
    Because prior notice and opportunity for public comment are not 
required for

[[Page 62508]]

this rule by 5 U.S.C. 553, or any other law, the analytical 
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., 
do not apply.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Corrections

    Accordingly, the final rule published on December 15, 2008, at 73 
FR 76136, and effective January 14, 2009; and the final rule published 
May 19, 2008, at 73 FR 28733 and effective June 18, 2008, are corrected 
as follows:

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: November 23, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
Accordingly, 50 CFR part 679 is corrected by making the following 
correcting amendments:

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

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

    Authority:  16 U.S.C. 773 et seq.; 1540(f); 1801 et seq.; 1851 
note; 3631 et seq.


0
2. In Sec.  679.5,
0
a. Revise the table heading in paragraph (c)(1)(vi)(B);
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b. Add introductory paragraph (d); a sentence to the end of 
introductory paragraph (g)(1); introductory paragraph (k); introductory 
paragraph (l)(3); and introductory paragraph (l)(4). The revisions and 
additions read as follows:


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

* * * * *
    (c) * * *
    (1) * * *
    (vi) * * *
    (B) * * *

                                                           Logsheet Distribution and Submittal
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Logsheets found in these logbooks
                  If logsheet color is . . .                  ----------------------------------------------------------------- Submit to .   Time limit
                                                                CV lgl/pot     CV trw     CP lgl/pot     CP trw         MS          . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
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* * * * *
    (d) Buying station report (BSR). For a comparison of forms used for 
shipping, transporting, or transferring fish or fish product, see Table 
13 to this part.
* * * * *
    (g) * * *
    (1) * * * For a comparison of forms used for shipping, 
transporting, or transferring fish or fish product, see Table 13 to 
this part.
* * * * *
    (k) U.S. Vessel activity report (VAR). For a comparison of forms 
used for shipping, transporting, or transferring fish or fish product, 
see Table 13 to this part.
* * * * *
    (l) * * *
    (3) Transshipment authorization. For a comparison of forms used for 
shipping, transporting, or transferring fish or fish product, see Table 
13 to this part.
* * * * *
    (4) IFQ Departure report. For a comparison of forms used for 
shipping, transporting, or transferring fish or fish product, see Table 
13 to this part.
* * * * *

0
3. In Sec.  679.22, add paragraph (b)(6) to read as follows:


Sec.  679.22  Closures.

* * * * *
    (b) * * *
    (6) Chiniak Gully Research Area (Applicable through December 31, 
2010)--(i) Description of Chiniak Gully Research Area. The Chiniak 
Gully Research Area, as shown in Figure 22 to this part, is defined as 
the waters bounded by straight lines connecting the coordinates in the 
order listed:
    57[deg]48.60 N lat., 152[deg]22.20 W long.;
    57[deg]48.60 N lat., 151[deg]51.00 W long.;
    57[deg]13.20 N lat., 150[deg]38.40 W long.;
    56[deg]58.80 N lat., 151[deg]16.20 W long.;
    57[deg]37.20 N lat., 152[deg]09.60 W long.; and hence 
counterclockwise along the shoreline of Kodiak Island to 57[deg]48.60 N 
lat., 152[deg]22.20 W long.
    (ii) Closure. (A) No vessel named on a Federal fisheries permit 
issued pursuant toSec.  679.4(b) shall deploy trawl gear for purposes 
of either fishing, or of testing gear under Sec.  679.24(d)(2), within 
the Chiniak Gully Research Area at any time from August 1 through 
September 20.
    (B) If the Regional Administrator makes a determination that the 
relevant research activities have been completed for a particular year 
or will not be conducted that year, the Regional Administrator shall 
publish notification in the Federal Register rescinding the Chiniak 
Gully Research Area trawl closure, described in paragraph (b)(6)(i) of 
this section, for that year.
* * * * *


Sec. Sec.  679.5, 679.20, 679.27, 679.30, and 679.42   [Amended]

0
4. 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 for the number of times 
indicated in the ``Frequency'' column.

 
----------------------------------------------------------------------------------------------------------------
                Location                            Remove                        Add                Frequency
----------------------------------------------------------------------------------------------------------------
Sec.   679.5(h)(2)(ii)(C)...............  paragraph (h)(2)(i).......  paragraph (h)(2)(ii)......               1
Sec.   679.5(s)(4) heading..............  Weekly production report    Production report.........               1
                                           (WPR).
Sec.   679.5(s)(4)......................  WPR.......................  production report.........               1
Sec.   679.5(s)(4)......................  paragraph (i).............  paragraph (e)(10).........               1
Sec.   679.20(g)(2)(iii)................  products in the DCPL        products in eLandings                    1
                                           required under Sec.         required under Sec.
                                           679.5(a)(7)(v)(C).          679.5(e)(9)(i)(D) and
                                                                       Sec.
                                                                       679.5(e)(10)(iii)(H) (see
                                                                       also Table 1c to this
                                                                       part).

[[Page 62509]]

 
Sec.   679.27(j)(3).....................  weekly production report..  production report.........               1
Sec.   679.27(j)(3).....................  Sec.   679.5(i)...........  Sec.   679.5(e)...........               1
Sec.   679.27(j)(5)(ii).................  Sec.   679.5(a)(7)(iv)(C).  Sec.   679.5..............               1
Sec.   679.27(j)(5)(iii)................  Sec.   679.28(d)(7)(ii)...  Sec.   679.28(d)(7)(i)....               1
Sec.   679.27(j)(6).....................  679.5(a)(7)(iv)(C) and      Sec.   679.5..............               1
                                           paragraph (j)(5).
Sec.   679.30(e)(1).....................  Sec.   679.5(n)(3)........  Sec.   679.5(n)(1)........               1
Sec.   679.42(j)(7).....................  corporation or a            corporation, partnership,                1
                                           partnership.                association, or other non-
                                                                       individual entity.
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5. Figure 12 to part 679 is revised to read as follows:
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[[Page 62510]]

[GRAPHIC] [TIFF OMITTED] TR30NO09.000


[[Page 62511]]



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6. Figure 19 to part 679 is revised to read as follows:
[GRAPHIC] [TIFF OMITTED] TR30NO09.001


[[Page 62512]]



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7. Table 10 to part 679 is revised to read as follows:
[GRAPHIC] [TIFF OMITTED] TR30NO09.002


[[Page 62513]]


[GRAPHIC] [TIFF OMITTED] TR30NO09.003


[[Page 62514]]


[GRAPHIC] [TIFF OMITTED] TR30NO09.004

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[[Page 62515]]


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8. Table 13 to part 679 is revised to read as follows:

                                                                           Table 13 to Part 67--Transfer Form Summary
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                                                                                                                                                          Dockside
      If participant type is * * *         And has * * * Fish product    And is involved in this     VAR \1\   PTR \2\   Trans-ship \3\     Departure       sales        Landing       BSR \7\
                                                    onboard                      activity                                                  report \4\    receipt \5\   receipt \6\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher vessel greater than 60 ft LOA,    Only non-IFQ groundfish....  Vessel leaving or entering         X   ........  ................  ............  ............  ............  ............
 mothership or catcher/processor.                                       Alaska.
Catcher vessel greater than 60 ft LOA,    Only IFQ sablefish, IFQ      Vessel leaving Alaska......  ........  ........  ................            X   ............  ............  ............
 mothership or catcher/processor.          halibut, CDQ halibut, or
                                           CR crab.
Catcher vessel greater than 60 ft LOA,    Combination of IFQ           Vessel leaving Alaska......        X   ........  ................            X   ............  ............  ............
 mothership or catcher/processor.          sablefish, IFQ halibut,
                                           CDQ halibut, or CR crab
                                           and non-IFQ groundfish.
Mothership, catcher/processor, shoreside  Non-IFQ groundfish.........  Shipment of groundfish       ........        X   ................  ............  ............  ............  ............
 processor, or SFP.                                                     product.
Mothership, catcher/processor, shoreside  Donated PSC................  Shipment of donated PSC....  ........        X   ................  ............  ............  ............  ............
 processor, or SFP.
Buying station or tender vessel.........  Groundfish.................  Receive or deliver           ........  ........  ................  ............  ............  ............            X
                                                                        groundfish in association
                                                                        with a shoreside
                                                                        processor, SFP, or
                                                                        mothership.
Registered Buyer........................  IFQ sablefish, IFQ halibut,  Transfer of product........  ........        X   ................  ............  ............  ............  ............
                                           or CDQ halibut.
A person holding a valid IFQ permit, IFQ  IFQ sablefish, IFQ halibut,  Transfer of product........  ........  ........  ................  ............          XXX   ............  ............
 hired master permit, or Registered        or CDQ halibut.
 Buyer permit.
Registered Buyer........................  IFQ sablefish, IFQ halibut,  Transfer from landing site   ........  ........  ................  ............  ............           XX   ............
                                           or CDQ halibut.              to Registered Buyer's
                                                                        processing facility.
Vessel operator.........................  Processed IFQ sablefish,     Transshipment between        ........  ........             XXXX   ............  ............  ............  ............
                                           IFQ halibut, CDQ halibut,    vessels.
                                           or CR crab.
Registered Crab Receiver................  CR crab....................  Transfer of product........  ........        X   ................  ............  ............  ............  ............
Registered Crab Receiver................  CR crab....................  Transfer from landing site   ........  ........  ................  ............  ............           XX   ............
                                                                        to RCR's processing
                                                                        facility.
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\1\ A vessel activity report (VAR) is described at Sec.   679.5(k).
\2\ A product transfer report (PTR) is described at Sec.   679.5(g).
\3\ An IFQ transshipment authorization is described at Sec.   679.5(l)(3).
\4\ An IFQ departure report is described at Sec.   679.5(l)(4).
\5\ An IFQ dockside sales receipt is described at Sec.   679.5(g)(2)(iv).
\6\ A landing receipt is described at Sec.   679.5(e)(8)(vii).
\7\ A buying station report (BSR) is described at Sec.   679.5(d).
X indicates under what circumstances each report is submitted.
XX indicates that the document must accompany the transfer of IFQ species from landing site to processor.
XXX indicates receipt must be issued to each receiver in a dockside sale.
XXXX indicates authorization must be obtained 24 hours in advance.

[FR Doc. E9-28545 Filed 11-27-09; 8:45 am]
BILLING CODE 3510-22-P