65 FR 177 pgs. 54971-54972 - Fisheries of the Exclusive Zone Economic Zone OffAlaska; License Limitation Program; Correction
Type: RULEVolume: 65Number: 177Pages: 54971 - 54972
Docket number: [Docket No. 970703166-8209-04; I.D. 060997A]
FR document: [FR Doc. 00-23400 Filed 9-11-00; 8:45am]
Agency: Commerce Department
Sub Agency: National Oceanic and Atmospheric Administration
Official PDF Version: PDF Version
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 970703166-8209-04; I.D. 060997A]
RIN 0648-AH65
Fisheries of the Exclusive Zone Economic Zone OffAlaska; License Limitation Program; Correction
AGENCY:
National Marine Fisheries Service (NMFS), National Oceanic andAtmospheric Administration (NOAA), Commerce.
ACTION:
Correcting amendments.
SUMMARY:
NMFS is correcting a final rule implementing the LicenseLimitation Program (LLP) established for the groundfish fisheriesin the Bering Sea and Aleutian Islands management area (BSAI),the groundfish fisheries in the Gulf of Alaska (GOA), and thecrab fisheries in the BSAI, that was published in the FederalRegister of Thursday, October 1, 1998.
DATES:
Effective January 1, 1999.
FOR FURTHER INFORMATION CONTACT:
John Lepore, 907-586-7228.
SUPPLEMENTARY INFORMATION:
The LLP is a limited access system authorized under section303(d) of the Magnuson-Stevens Fishery Conservation andManagement Act. The LLP is designed to limit the number, size,and operation of vessels that may be used in the affectedgroundfish and crab fisheries. The North Pacific FisheryManagement Council (Council) adopted the LLP in June 1995, andofficially submitted it to NMFS in June 1997. A proposed rule toimplement the LLP was published on August 15, 1997 (62 FR 43865).The LLP was approved by NMFS on September 12, 1997. A final ruleto implement the LLP was published on October 1, 1998 (63 FR52642). Additional rules to implement an application process anda transfer process for LLP licenses were proposed on April 19,1999 (64 FR 19113), and published as final on August 6, 1999 (64FR 42826).
The current regulatory text regarding an eligible applicantfor a Norton Sound red or blue king crab license under the LLPdoes not accurately represent the Council's intent or theFMP amendment text and is inconsistent with regulations governingthe LLP application requirements. The word "and"between "1993" and "1994", in the"eligible applicant" definition at 50 CFR 679.2, is adrafting error that instead should be "or".Currently, the regulation defining an eligible applicant for anLLP license based on participation in the Norton Sound red andblue king crab fisheries at 50 CFR 679.2 reads as follows:
"Eligible applicant means a qualified person whosubmitted an application during the application period announcedby NMFS and . . . who was an individual who held a State ofAlaska permit for the Norton Sound king crab summer fishery in1993 and 1994, and who made at least one harvest of red or blueking crab in the relevant area during the period specified in§679.4(k)(5)(ii)(G), or a corporation that owned or leased avessel on June 17, 1995, that made at least one harvest of red orblue king crab in the relevant area during the period in§679.4(k)(5)(ii)(G), and that was operated by an individualwho was an employee or a temporary contractor; or."
The reference to § 679.4(k)(5)(ii)(G) specifies thecriteria for an area/species endorsement for Norton Sound red andblue king crab on an LLP license. Basically, these criteriainclude one documented harvest of any amount of red or blue kingcrab from Norton Sound between January 1, 1993, and December 31,1994.
This regulatory text appears clear that unless otherwiseexempted, to qualify for an LLP license to fish for red or blueking crab in Norton Sound, an individual would have to:
(a) Submit an LLP application during the application period(which ended December 17, 1999);
(b) Have held a State of Alaska permit for the Norton Soundking crab summer fishery in 1993 and 1994; and
(c) Have made one documented harvest of any amount of red orblue king crab from Norton Sound during the same 2-year period,1993 through 1994.
This regulation is essentially the same as that published inthe proposed rule for public comment on August 15, 1997 (62 FR43866). No comments were received on this eligibility issue inNorton Sound. However, a more fundamental issue is whether theintent of the Council and the LLP implementing regulations onthis point are consistent. With respect to crab fisheries, theLLP is authorized by Amendment 5 to the FMP for the CommercialKing and Tanner Crab Fisheries in the Bering Sea/AleutianIslands. Amendment 5 was approved by the National MarineFisheries Service on September 12, 1997, and added section8.1.4.1.1 to the FMP, which reads in part as follows:
License Recipients. Licenses will be issued to current owners(as of June 17, 1995) of qualified vessels, except in the NortonSound summer red and blue king crab fisheries. License for thesefisheries would be issued to:
a. Individuals who held a State of Alaska Permit for theNorton Sound summer king crab fisheries and made at least onelanding; or
b. Vessel owners as of June 17, 1995, in instances where avessel was corporate owned, but operated by a skipper who was atemporary contract employee.
The FMP text, for individuals, shows a strong connectionbetween holding a State permit for, and making at least onelanding from, the Norton Sound summer king crab fisheries. Thereason that the Council made an exception to the normal vesselownership requirement for these fisheries is that many of theparticipants are not vessel owners and fished on the vessels ofothers, and the Council did not want to exclude any pastparticipant from future participation in these fisheries underthe LLP. In addition, the Council was aware that this approachcould result in more vessels fishing for king crab in NortonSound under the LLP, but the entry of new vessels from outsidethe area was unlikely due to the management of those fisheries bythe State of Alaska (State) under a super-exclusive registrationsystem.
The FMP amendment text does not specify a particular timeperiod within which an individual would have to hold a Statepermit for, and make at least one landing from, the Norton Soundsummer king crab fisheries. The Council newsletter dated June28, 1995, and the preamble to the proposed rule indicate that theCouncil intended the Norton Sound king crab fisheries to beexempted from the standard general qualification period (GQP) ofJanuary 1, 1988, through June 27, 1992, that applies to mostother crab fisheries. Instead of the GQP, the Council stipulateda landing requirement during the 2-year period 1993 through 1994.The reason for this is that the State started its super-exclusiveregistration system in 1993. Hence, when the Council adopted theLLP in June 1995, the period 1993 through 1994 represented themost recent participation history under the super-exclusivesystem for Norton Sound, and the best snapshot of local orresident involvement in the king crab fisheries in that area.
In summary, the resulting "eligible applicant"regulatory text quoted earlier substitutes an individual Statepermit requirement for the vessel ownership otherwise requiredfor LLP eligibility, and exempts the Norton Sound king crabfishery from the GQP requirements. Instead, an "eligibleapplicant" could receive an LLP license with a Norton Soundred and blue king crab area/species endorsement if the applicanthas a minimum of one documented harvest of red or blue king crabin Norton Sound during the 2-year period 1993 through 1994.
Apparently the Council intended to design the LLP to includeall of the 1993 and 1994 participants in the Norton Sound summerking crab fisheries. No indication of the same concern forexcess fishing capacity exists in these fisheries that theCouncil had for the other LLP groundfish and crab fisheries.Requiring a minimum of only one documented harvest in the NortonSound king crab fisheries in either 1993 and 1994, but requiringa State permit in both years would be restrictive (i.e., wouldqualify fewer LLP participants for the Norton Sound king crabfisheries). Requiring a State permit only for the year in whichthe minimim landing requirement was satisfied would be lessrestrictive. In addition, regulations implementing the LLPapplication process (published August 6, 1999, 64 FR 42826) added§ 679.4(k)(6) in which an applicant for a Norton Sound crabspecies endorsement must contain:
". . . valid evidence that the applicant was a State ofAlaska permit holder for the Norton Sound king crab summerfishery in 1993 or 1994." (Emphasis added)
For this reason, the definition for "eligibleapplicant," subparagraph (3) at § 679.2, iscorrected.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and reportingrequirements.
Dated: September 7, 2000.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries Service.
For reasons explained in the preamble, 50 CFR part 679 iscorrected by making the following correcting amendment:
PART 679-FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFFALASKA
1. The authority citation for part 679 continues to readas follows:
Authority:
16 U.S.C 773 et seq. , 1801 etseq. , and 3631 et seq. ; Title II of DivisionC, Pub. L. 105-277; Sec. 3027, Pub. L. 106-31, 113 Stat. 57; 16U.S.C. 1540(f).
2. In § 679.2, paragraph (3) under the definitionfor "Eligible applicant," is corrected to read asfollows:
§ 679.2 Definitions.
Eligible applicant * * *
(3) Who was an individual who held a State of Alaska permitfor the Norton Sound king crab summer fishery at the time he orshe made at least one harvest of red or blue king crab in therelevant area during the period specified in§ 679.4(k)(5)(ii)(G), or a corporation that owned orleased a vessel on June 17, 1995, that made at least one harvestof red or blue king crab in the relevant area during the periodin § 679.4(k)(5)(ii)(G), and that was operated by anindividual who was an employee or a temporary contractor; or
[FR Doc. 00-23400 Filed 9-11-00; 8:45am]
BILLING CODE 3510-22-S