[Federal Register Volume 65, Number 95 (Tuesday, May 16, 2000)]
[Rules and Regulations]
[Pages 31103-31104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12276]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 00424110-0110-01; I.D. 040600A]
RIN 0648-AO01


Fisheries of the Exclusive Economic Zone Off Alaska; License 
Limitation 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 amend the regulations implementing 
the License Limitation Program (LLP) to include provisions 
inadvertently omitted that would have made area endorsements and area/
species endorsements specified on a license non-severable from the 
license and that would have made a groundfish license and a crab 
species license issued based on the legal landings of the same vessel 
and initially issued to the same qualified person non-severable from 
each other. Thus, the endorsements in the first case must be 
transferred with the license and in the second case both licenses must 
be transferred together. This regulatory amendment is necessary to 
include in the regulations non-severability provisions proposed by the 
North Pacific Fishery Management Council (Council) and NMFS in the 
original proposed rule to implement the LLP. This action is necessary 
to promote the objectives of the Federal fishery management plans for 
the affected fisheries by further preventing increased harvesting 
capacity.

DATES: Effective May 11, 2000.

FOR FURTHER INFORMATION CONTACT: James Hale, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the U.S. groundfish fisheries 
of the exclusive economic zone off Alaska pursuant to the Fishery 
Management Plan (FMP) for Groundfish of the Gulf of Alaska and the FMP 
for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area. 
The commercial king crab and Tanner crab fisheries in the Bering Sea 
and Aleutian Islands Area are managed by the State of Alaska with 
Federal oversight, pursuant to the FMP for those fisheries. The Council 
prepared the FMPs pursuant to the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801, et seq. 
Federal regulations implementing the FMPs appear at 50 CFR part 679. 
General regulations at 50 CFR part 600 also apply.
    The proposed rule to implement Amendment 39 to the FMP for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands Area, 
Amendment 41 to the FMP for Groundfish of the Gulf of Alaska, and 
Amendment 5 to the FMP for the Commercial King and Tanner Crab 
Fisheries in the Bering Sea/Aleutian Islands (62 FR 43866, August 15, 
1997) contained provisions which would have made (1) area endorsements 
or area/species endorsements specified on a license non-severable from 
the license and (2) a groundfish license and a crab license issued 
based on the legal landings of the same vessel and initially issued to 
the same qualified person non-severable. No comments were received on 
these provisions. These provisions were intended to prevent increased 
capacity in the groundfish and crab fisheries managed under the FMPs.
    In the final rule implementing the LLP, the application provisions 
(Sec. 679.4(i)(6)) and the transfer provisions (Sec. 679.4(i)(7)), 
including the non-severability provisions, were removed and the 
appropriate paragraphs reserved to allow for further refinement of the 
application and transfer processes (63 FR 52642, October 1, 1998). The 
final rule gave notice that a proposed rulemaking regarding those 
processes was under development.
    Subsequently, NMFS initiated a proposed rulemaking to implement the 
application and transfer provisions (64 FR 19113, April 19, 1999). On 
August 6, 1999, NMFS issued a final rule implementing the application 
and transfer processes (64 FR 42826). While NMFS intended that the 
regulatory text include the non-severability provisions, that language 
was inadvertently omitted.
    This final rule amends the LLP regulations by restoring the omitted 
non-severability provisions without change from those published in the 
original proposed rule (62 FR 43866, August 15, 1997) and approved by

[[Page 31104]]

NMFS with the approval of Amendments 39, 41, and 5.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), a rule may be issued without prior 
notice and opportunity for public comment if providing such notice and 
comment period would be impractical, unnecessary, or contrary to the 
public interest. Additionally, a rule may be made effective prior to 30 
days after its issuance if good cause is found and provided by the 
agency in the rule,pursuant to 5 U.S.C. 553(d)(3). This final rule 
implements the original intent of the Council and NMFS concerning 
severability of LLP licenses. The public was provided with prior notice 
and an opportunity to comment on these and other proposed regulations 
implementing the LLP by the proposed rule published at 62 FR 43866 
(August 15, 1997). A delay in implementation of this action would 
unnecessarily encumber persons conducting business under the LLP 
transfer provisions. For these reasons, the Assistant Administrator, 
NMFS, finds good cause to make this rule effective immediately upon 
filing for public inspection with the Office of the Federal Register.
    In connection with the proposed rule published at 62 FR 43866 
(August 15, 1997), to implement the LLP, the Assistant General Counsel 
for Legislation and Regulation, Department of Commerce, certified to 
the Chief Counsel for Advocacy of the Small Business Administration 
that the regulations implementing the LLP would not have a significant 
adverse economic impact on a substantial number of small entities. The 
regulations implemented by this action consist of the transfer 
provisions in that proposed rule and accordingly are covered by that 
certification.
    This rule has been determined to be not significant for purposes of 
E.O. 12866.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: May 10, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

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

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

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

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.

    2. In Sec. 679.4, paragraph (k)(7)(viii) is added to read as 
follows:


Sec. 679.4  Permits.

* * * * *
    (k) * * *
    (7) * * *
    (viii) Severability of licenses. (A) Area endorsements or area/
species endorsements specified on a license are not severable from the 
license and must be transferred together.
    (B) A groundfish license and a crab species license issued based on 
the legal landings of the same vessel and initially issued to the same 
qualified person are not severable and must be transferred together.
* * * * *
[FR Doc. 00-12276 Filed 5-11-00; 3:16 pm]
BILLING CODE 3510-22-F