[Federal Register Volume 76, Number 21 (Tuesday, February 1, 2011)]
[Proposed Rules]
[Pages 5556-5558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2199]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 680

RIN 0648-BA11


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

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

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

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SUMMARY: The Bering Sea/Aleutian Islands (BSAI) Crab Rationalization 
Program (Program) allocates BSAI crab resources among harvesters, 
processors, and coastal communities. Amendment 37 would amend the 
Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner 
Crabs (FMP) and the Program by establishing a process for eligible 
fishery participants to request that NMFS exempt holders of West-
designated individual fishing quota (IFQ) and individual processor 
quota (IPQ) in the Western Aleutian Islands golden king crab fishery 
from the West regional delivery requirements. Federal regulations 
require West-designated golden king crab IFQ to be delivered to a 
processor in the West region of the Aleutian Islands with an exact 
amount of unused West-designated IPQ. However, processing capacity may 
not be available each season. Amendment 37 is necessary to prevent 
disruption to the Western Aleutian Islands golden king crab fishery, 
while providing for the sustained participation of municipalities in 
the region. This proposed 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 laws.

DATES: Comments on the amendment must be submitted on or before April 
4, 2011.

ADDRESSES: Send comments to James W. Balsiger, Administrator, 
Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen 
Sebastian. You may submit comments, identified by ``RIN 0648-BA11'', by 
any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal Web site at http://www.regulations.gov.
     Mail: P.O. Box 21668, Juneau, AK 99802.
     Fax: (907) 586-7557.
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    All comments received are a part of the public record and will 
generally be posted to http://www.regulations.gov without change. All 
Personal Identifying Information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
Confidential Business Information or otherwise sensitive or protected 
information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields if you wish to remain anonymous). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe portable document file (pdf) formats only.
    Copies of Amendment 37, the Regulatory Impact Review (RIR)/Initial 
Regulatory Flexibility Analysis, the categorical exclusion prepared for 
this action, and the Environmental Impact Statement, RIR, Final 
Regulatory Flexibility Analysis, and Social Impact Analysis prepared 
for the Program may be obtained from the Alaska Region Web site at 
http://www.alaskafisheries.noaa.gov/sustainablefisheries.htm.

FOR FURTHER INFORMATION CONTACT: Seanbob Kelly, 907-586-7228.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each 
regional fishery management council submit any fishery management plan 
amendment it prepares to NMFS for review and approval, disapproval, or 
partial approval by the Secretary of Commerce (Secretary). The 
Magnuson-

[[Page 5557]]

Stevens Act also requires that NMFS, upon receiving a fishery 
management plan amendment, immediately publish a notice in the Federal 
Register announcing that the amendment is available for public review 
and comment.
    The king and Tanner crab fisheries in the exclusive economic zone 
of the BSAI are managed under the FMP. The FMP was prepared by the 
North Pacific Fishery Management Council (Council) under the Magnuson-
Stevens Act as amended by the Consolidated Appropriations Act of 2004 
(Pub. L. 108-199, section 801). Amendments 18 and 19 amended the FMP to 
include the Program. Regulations implementing these amendments were 
published on March 2, 2005 (70 FR 10174), and are located at 50 CFR 
part 680.
    NMFS established the Program as a catch share program for nine crab 
fisheries in the BSAI. The Individual Fishing Quota (IFQ) portion of 
the Program assigned quota share (QS) to persons based on their 
historic participation in one or more of these nine BSAI crab fisheries 
during a specific time period. Under the Program, NMFS issued four 
types of QS: Catcher vessel owner (CVO) QS was assigned to holders of 
License Limitation Program (LLP) licenses who delivered their catch 
onshore or to stationary floating crab processors; catcher/processor 
vessel owner (CPO) QS was assigned to LLP holders that harvested and 
processed their catch at sea; captains and crew onboard catcher/
processor vessels were issued catcher/processor crew (CPC) QS; and 
captains and crew onboard catcher vessels were issued catcher vessel 
crew (CVC) QS. Each year, a person who holds QS may receive IFQ, which 
represents an exclusive harvest privilege for a portion of the annual 
total allowable catch (TAC). Under the program, QS holders can form 
cooperatives to pool the harvest of the IFQ on fewer vessels to 
minimize operational costs.
    NMFS also issued processor quota share (PQS) under the Program. 
Each year, PQS yields an exclusive privilege to receive for processing 
a portion of the IFQ in each of the nine BSAI crab fisheries. This 
annual exclusive processing privilege is called IPQ. A portion of the 
QS issued yields IFQ that is required to be delivered to a processor 
with a like amount of unused IPQ. IFQ derived from CVO QS is subject to 
annual designation as either Class A IFQ or Class B IFQ. Ninety percent 
of the IFQ derived from CVO QS for a fishery and region is designated 
as Class A IFQ, and the remaining 10 percent of the IFQ is designated 
as Class B IFQ. Class A IFQ must be matched and delivered to a 
processor with IPQ. Class B IFQ is not required to be delivered to a 
processor with IPQ. Each year there is a one-to-one match of the total 
pounds of Class A IFQ with the total pounds of IPQ issued in each crab 
fishery and region.
    In most crab fisheries, the Program established regional 
designations for QS and PQS to ensure that municipalities that were 
historically active as processing ports continue to receive 
socioeconomic benefits from crab deliveries or to encourage the 
development of processing capacity in specific isolated municipalities. 
To accomplish this, the Program imposes regional delivery requirements 
to specific geographic regions based on historic geographic delivery 
and processing patterns.
    The Western Aleutian Islands golden king crab (Lithodes 
aequispinus) (WAG) fishery is managed under the Program. Existing 
regulations require that 50 percent of the golden king crab harvested 
with catcher vessel Class A IFQ issued for this fishery be delivered to 
a processor located in the West region (west of 170[deg] W. Long.) with 
West-designated IPQ. The purpose of these delivery requirements is to 
support the development of processing facilities in Adak and Akta, two 
isolated municipalities in the West region. The only shore-based 
processing facility capable of processing WAG in this region has been 
located in the City of Adak. In April 2009, the Adak facility closed 
and, in September 2009, the facility's owners officially filed for 
Chapter 11 bankruptcy. At this time, no processing facility capable of 
processing WAG crab is open in the West region, and none is likely to 
open in the near future, yet Federal regulations require that crab 
harvested with Class A IFQ be processed in the West region.
    On February 18, 2010, NMFS published an emergency action to exempt 
West-designated IFQ and West-designated IPQ for the WAG fishery from 
the West regional designation until August 17, 2010 (75 FR 7205). NMFS 
extended the emergency action on August 17, 2010 (75 FR 50716), and the 
extension is in effect through February 20, 2011. Removing the West 
regional designation from this IFQ and IPQ has temporarily relaxed the 
requirements that these shares be used in the West region.
    At its April 2010 meeting, the Council adopted Amendment 37 to the 
FMP to address the lack of processing capacity in the West region. 
Amendment 37 would establish a process for QS holders, PQS holders, and 
the cities of Adak and Atka to request that NMFS exempt the WAG fishery 
from the West regional delivery requirements. The Council and NMFS 
recognize that the regional delivery requirements would be untenable if 
processing capacity is not available in the region, potentially 
resulting in unutilized TAC. Amendment 37 would establish a means to 
enhance stability in the fishery, while continuing to promote the 
sustained participation of the municipalities intended to benefit from 
the West regional delivery requirements.
    Amendment 37 would identify the QS holders, PQS holders, and 
municipalities who would be eligible to apply for an exemption from the 
West regional delivery requirements. The Council selected the following 
eligibility requirements for contract parties as necessary to request 
an exemption: (1) Any person or company that holds in excess of 20-
percentof the West-designated WAG QS; (2) any person or company that 
holds in excess of 20-percentof the West-designated WAG PQS; and (3) 
the cities of Adak and Atka. If an exemption is granted by NMFS, the 
exemption would apply to all West-designated IFQ and IPQ holders for 
the remainder of the crab fishing year. Participants holding 20-
percentor less of either share type would have no direct input into the 
contract negotiations or applications; however, the exemption would not 
obligate an IFQ or IPQ holder to deliver or process outside of the West 
region, but would provide that flexibility.
    The Council considered several thresholds of QS and PQS ownership 
when considering eligibility criteria. The Council recommended a 
greater than 20-percentminimum participation threshold for eligibility 
because the inclusion of share holders with less economic incentive to 
harvest or process West-designated WAG could impede effective 
negotiations. Participants with less than or equal to 20-
percentownership could withhold participation in an exemption to 
extract more favorable terms from larger entities with greater economic 
incentive to fully harvest and process the IFQ and IPQ. IFQ and IPQ 
holders that are substantially invested in the fishery are more likely 
to act quickly to ensure that TAC is fully utilized. By establishing 
the greater than 20-percent threshold, this proposed action is intended 
to provide a balance between efficiency and the participation of QS and 
PQS holders. Additionally, these eligibility criteria are intended to 
balance the interests of WAG fishery QS and PQS holders with the 
municipalities intended to benefit from the West regional delivery 
requirements.

[[Page 5558]]

    Based on the analysis and public testimony, the Council adopted 
Amendment 37 in April 2010, and submitted Amendment 37 to NMFS for 
review by the Secretary. Amendment 37 would modify the FMP to allow 
eligible participants to submit an application to NMFS requesting an 
exemption from the West regional delivery requirements. The application 
would require the eligible parties to agree to a master contract and 
the completion of an application. Upon approval of a completed 
application, NMFS would post notice of an annual exemption from the WAG 
West regional delivery requirements at the NMFS Web site at http://alaskafisheries.noaa.gov. Such an exemption would enable all West-
designated Class A IFQ and IPQ holders to deliver and receive WAG crab 
at processing facilities outside of the West region, thereby promoting 
the full utilization of the TAC when processing capacity is not 
available in the West region.
    Public comments are being solicited on proposed Amendment 37 
through the end of the comment period (see DATES). NMFS intends to 
publish a proposed rule in the Federal Register for public comment that 
would implement Amendment 37, following NMFS's evaluation under the 
Magnuson-Stevens Act procedures. Public comments on the proposed rule 
must be received by the close of the comment period on Amendment 37 to 
be considered in the approval/disapproval decision on Amendment 37. All 
comments received by the end of the comment period on Amendment 37, 
whether specifically directed to the FMP amendment or the proposed 
rule, will be considered in the approval/disapproval decision on 
Amendment 37. Comments received after the end of the public comment 
period for Amendment 37, even if received within the comment period for 
the proposed rule, will not be considered in the approval/disapproval 
decision on the amendment. To be considered, comments must be 
received--not just postmarked or otherwise transmitted--by the close of 
business on the last day of the comment period.

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

    Dated: January 26, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-2199 Filed 1-31-11; 8:45 am]
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