Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Rules and Regulations 17749

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 96–94; RM–8790]

Radio Broadcasting Services; Eufaula,

Wagoner, Warner, Sand Springs, OK

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Tri-Mac Broadcasting (now

K95.5, Inc.), reallots Channel 271A from

Wagoner to Warner, OK, as the

community’s first local aural

transmission service, and modifies the

license of Station KRQZ-FM to specify

Warner as its community of license. See

61 FR 20206, May 6, 1996. Channel

271A can be allotted to Warner in

compliance with the Commission’s

minimum distance separation

requirements with a site restriction of

1.2 kilometers (0.7 miles) northwest, at

coordinates 35–33–27 North Latitude

and 95–14–41 West Longitude, to avoid

a short spacing to Station KENA-FM,

Channel 271C3, Mena, AR. The

counterproposal filed by Music Sound

Radio, Inc., licensee of Station

KTFX(FM), Sand Springs, OK, to

substitute Channel 272C2 for Channel

272A at Sand Springs was not accepted

for consideration because there is no

conflict between the allotment of

Channel 271A at Warner and Channel

272C2 at Sand Springs. With this action,

this proceeding is terminated.

EFFECTIVE DATE: May 19, 1997.

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 96–94,

adopted March 26, 1997, and released

April 4, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., (202) 857–3800, 2100 M Street,

NW., Suite 140, Washington, DC 20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

47 CFR PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Oklahoma, is

amended by removing Wagoner,

Channel 271A and by adding Warner,

Channel 271A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–9439 Filed 4–10–97; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 96–207; RM–8874]

Radio Broadcasting Services; Cawker

City, KS

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Ruby J. Hoeflicker, allots

Channel 242C3 to Cawker City, Kansas,

as the community’s first local aural

transmission service. See 61 FR 55125,

October 24, 1996. Channel 242C3 can be

allotted to Cawker City in compliance

with the Commission minimum

distance separation requirements

without the imposition of a site

restriction. The coordinates for Channel

242C3 at Cawker City are 39–30–30 NL

and 98–25–54 WL. With this action, this

proceeding is terminated.

DATES: Effective May 19, 1997. The

window period for filing applications

will open on May 19, 1997, and close

on June 19, 1997.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 96–207,

adopted March 26, 1997, and released

April 4, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

ITS, Inc., (202) 857–3800, 2100 M

Street, NW, Suite 140, Washington, DC

20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

47 CFR PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082;47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Kansas, is amended

by adding Cawker City, Channel 242C3.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–9435 Filed 4–10–97; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961203339–7063–02; I.D.

111896B]

RIN 0648–AI88

Fisheries of the Exclusive Economic

Zone Off Alaska; Scallop Fishery Off

Alaska; Scallop Vessel Moratorium

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS approves a temporary

moratorium on the entry of additional

vessels into the scallop fishery off

Alaska. This action implements

Amendment 2 to the Fishery

Management Plan for the Scallop

Fishery off Alaska (FMP) as

recommended by the North Pacific

Fishery Management Council (Council).

The purpose of Amendment 2 is to

curtail increases in fishing capacity and

provide stability for industry while the

Council develops a long-term limited

access system for this fishery. This

action is necessary to promote the

conservation and management

objectives of the FMP.

DATES: Effective May 12, 1997 through

June 30, 2000, except for

§ 679.4(g)(1)(ii), which will become

effective on July 1, 1997, through June

30, 2000; and the amendments to
17750 Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Rules and Regulations

§§ 679.2, 679.4(c)(10)(i), and 679.43 will

become effective May 12, 1997.

ADDRESSES: Copies of Amendment 2

and the Environmental Assessment/

Regulatory Impact Review/Final

Regulatory Flexibility Analysis (EA/

RIR/FRFA) prepared for this action may

be obtained from NMFS, P.O. Box

21668, Juneau, AK 99802, Attn: Lori J.

Gravel.

FOR FURTHER INFORMATION CONTACT: Kent

Lind, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

The scallop fishery in the exclusive

economic zone (EEZ) off Alaska is

managed by NMFS under the FMP. The

FMP was prepared by the Council under

the Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) and approved

by NMFS on July 26, 1995. Regulations

implementing the FMP are set out at 50

CFR part 679. General regulations that

also affect fishing in the EEZ are set out

at 50 CFR part 600.

At its April 1996 meeting, the Council

adopted Amendment 2 and

recommended that NMFS prepare a

rulemaking to implement the

amendment. A notice of availability of

Amendment 2 was published in the

Federal Register on December 3, 1996

(61 FR 64087), and invited comment on

the amendment through February 3,

1997. No written comments were

received on the amendment. A proposed

rule to implement Amendment 2 was

published in the Federal Register on

December 26, 1996 (61 FR 67990).

Comments on the proposed rule were

invited through February 10, 1997. One

letter containing three comments on the

proposed rule was received by the end

of the comment period. These

comments are summarized and

responded to in the Response to

Comments section below.

Upon reviewing the reasons for

Amendment 2, and the comments on

the proposed rule to implement it,

NMFS has determined that this action is

necessary for the conservation and

management of the scallop fishery off

Alaska. Amendment 2 was approved by

NMFS on March 5, 1997, under section

304(b) of the Magnuson-Stevens Act.

Additional information on this action

may be found in the preamble to the

proposed rule and in the EA/RIR/FRFA.

Response to Comments

Comment 1. The moratorium will

authorize 15 vessels to operate in

Federal waters outside Cook Inlet. We

believe this is too large a fleet to be

economically sustainable. NMFS and

the State of Alaska manage the scallop

fishery by establishing total allowable

catch (TAC) limits that are actually the

upper limit of a range of harvest that

will be permitted. It appears that

analysis of the scallop moratorium has

focused on the TAC as if it were the

amount guaranteed to the scallop fleet

for harvest. However, harvests are often

stopped before the TAC is reached, due

to attainment of the crab bycatch limit

or because declining catch per unit

effort in the fishery indicates that the

resource is not healthy enough to

sustain yield at the TAC level.

Consequently, the published TACs do

not accurately portray the availability of

scallop resource for harvest.

In our experience of over 20 years in

the Alaska scallop fishery, declines in

catch closely follow years of

overcapitalization. In our view, the

Federal waters outside Cook Inlet

cannot support 15 vessels. The scallop

fishery has never sustained that level of

effort for more than a 2– or 3-year

period, and those periods of overharvest

have always been followed by years

when effort was reduced to one or even

zero vessels. We agree with the

conclusion in the proposed rule—that

four to six vessels could harvest the

available quota. However, because the

available quota is overstated, reviewers

may misunderstand the economics of

the fishery. Under the actual harvest

levels realized in the fishery, four to six

vessels may make a living—nothing

more.

Response. NMFS agrees that the

scallop resource may be insufficient to

support all qualified vessels in a yearround fishery. However, the scallop

vessel moratorium is designed as a

temporary measure to curtail additional

increases in fishing capacity and

provide stability for industry while a

long-term limited access program is

developed. The moratorium

qualification criteria were established

by the Council after extensive analysis,

public testimony, and debate. These

qualification criteria will achieve the

Council’s objectives while treating past

and present participants in the fishery

in a fair and equitable manner.

Comment 2. Vessels that immigrate to

the scallop fishery from other areas or

fisheries in which they are licensed are

able to return to those fisheries after a

downturn in the scallop stock. Vessels

that have depended exclusively on the

Alaskan scallop fishery to the extent

that they hold no permits nor expertise

in other fisheries or areas are unable to

compensate for losses in the scallop

fishery. Ultimately, then, the price for

overcapitalization is paid only by those

who exclusively depend on the Alaskan

scallop fishery.

Response. Comment noted. Also, see

response to comment 1.

Comment 3. We agree with ending the

qualifying period in 1993 as approved

by the Council. Although not stated in

the proposed rule, the emergency action

required of the Council and NMFS in

reaction to unrestricted fishing by a

vessel that had renounced its Alaskan

registration also contributed

significantly to the delay in issuance of

the moratorium proposed rule.

Response. Comment noted.

Elements of the Scallop Vessel

Moratorium

The following paragraphs explain

each aspect of the scallop vessel

moratorium.

Applicability

Beginning July 1, 1997, any vessel

fishing for scallops in the EEZ off

Alaska must carry a valid scallop

moratorium permit at all times, and the

vessel owner or operator must be named

on the moratorium permit.

Duration of the Moratorium

The scallop vessel moratorium will

remain in effect for 3 years from July 1,

1997, unless repealed or replaced by a

permanent limited access program.

Under Amendment 2, the Council may

recommend that the moratorium be

extended for no more than 2 years if a

permanent limited access program is

imminent.

Qualification Criteria

A vessel qualifies for inclusion in the

moratorium if it made a legal landing of

scallops during 1991, 1992, or 1993; or

during at least 4 separate years from

1980 through 1990. This two-tier

approach emphasizes recent

participation in the fishery by allowing

all vessels with any legal landings in

1991, 1992, or 1993 to qualify. Historic

participants qualify under the more

restrictive standard of a legal landing

during at least 4 separate years from

1980 through 1990.

Scallop moratorium permits will be

issued to the person (or successor in

interest) who owned the qualifying

vessel when it most recently made a

qualifying landing. If that vessel were

sold during or after the moratorium

qualification period, the moratorium

permit would be available to the person

who owned the vessel (or successor in

interest) when it most recently made a

qualifying landing, such that each vessel

generates only one moratorium permit.
Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Rules and Regulations 17751

Area Endorsements

Moratorium permits will be endorsed

for fishing in Federal waters within

Registration Area H (Cook Inlet) or

fishing within Federal waters outside

Registration Area H. Qualified vessels

must have made at least one legal

landing of scallops during the qualifying

period within an endorsement area to

receive an endorsement for that area. No

crossovers will be allowed between

Registration Area H and waters outside

Registration Area H unless a vessel

qualifies in both areas.

Vessel Reconstruction and Maximum

Length Overall (LOA)

To prevent increased capitalization in

the scallop fishery, lengthening of a

vessel is limited to no more than 1.2

times or 20 percent of the vessel’s LOA

on January 20, 1993. For vessels under

reconstruction on January 20, 1993,

vessels are limited to the LOA on the

date reconstruction was completed,

with no additional increases allowed.

Each scallop moratorium permit will

specify a maximum LOA based on the

above criteria. These restrictions will

allow for some upgrading of vessels to

improve stability and safety, while

limiting the further overcapitalization

that could occur through massive

reconstruction of existing vessels.

Transferability

Moratorium permits are valid on any

vessel that is less than or equal to the

maximum LOA identified on the permit,

provided that the vessel owner or

operator is named on the moratorium

permit. A person may transfer a

moratorium permit to another person if

a completed transfer application is

submitted to NMFS and subsequently

approved. In this event, a new permit

will be issued in the name of the person

who received the transferred permit. A

permit transfer is required to reflect any

change in permit ownership including

the addition or deletion of a partner’s

name. In addition, the area

endorsements on a moratorium permit

may not be transferred independently of

the permit itself.

Exemptions

Vessels less than or equal to 26 ft (7.9

m) LOA in the Gulf of Alaska, and less

than or equal to 32 ft (9.8 m) LOA in the

Bering Sea and Aleutian Islands area,

are exempt from the scallop moratorium

when fishing for scallops with dive gear.

An operator of a vessel under the size

limits listed above is still required to

carry a valid scallop moratorium permit

on board when fishing with dredge gear

or when dredge gear is on board.

Appeals

NMFS will issue an initial

administrative determination to each

applicant who is denied a scallop

moratorium permit. An initial

administrative determination may be

appealed by the applicant in accordance

with the procedures established for the

individual fishing quota program at

§ 679.43. An initial administrative

determination that denies an

application for a scallop moratorium

permit may authorize the affected

person to catch and retain scallops with

an interim permit. Any interim permit

that authorizes fishing will expire on

the effective date of the final agency

action relating to the application. An

administrative determination denying

the issuance of a scallop moratorium

permit or application for transfer is the

final agency action for purposes of

judicial review.

Technical Changes to Existing

Regulations

This final rule contains technical

changes to the existing definitions of

‘‘legal landing’’, ‘‘maximum LOA’’,

‘‘moratorium qualification’’,

‘‘moratorium species’’, and ‘‘qualifying

period’’ set out at § 679.2. These

technical changes are necessary to

clarify which terms apply only to the

existing groundfish and crab

moratorium and which terms also

would apply to the scallop moratorium.

A technical change also is made to the

description of the groundfish and crab

moratorium appeals process at

§ 679.4(c)(10)(i) to specify that appeals

are to be sent to the Administrator,

Alaska Region, NMFS (Regional

Administrator), rather than to the Chief,

RAM Division. This change is necessary

to make § 679.4(c)(10)(i) consistent with

the appeals process described at

§ 679.43(c). In addition, § 679.43(a) is

revised to indicate that the appeals

process described at § 679.43 also

applies to scallop moratorium appeals

made under § 679.4(g).

Changes from the Proposed Rule

The following changes were made

from the proposed rule.

1. The applicable date of the scallop

moratorium was delayed until July 1,

1997, which coincides with the start of

the scallop fishing season in most areas

of Alaska. The purpose of this change is

to provide industry with sufficient time

to apply for and receive scallop

moratorium permits.

2. The language governing permit

validity at § 679.4(g)(1)(iii)(A) was

changed to specify that the permit is

valid only if the person named on the

moratorium permit is the owner or

operator of the vessel on which the

permit is used. This change was made

for clarity and consistency, because the

terms ‘‘owner’’ and ‘‘operator’’ are

defined in regulation at § 600.10.

3. The language governing permit

transfers at § 679.4(g)(7) was revised to

clarify that a permit transfer is required

to reflect any change in permit

ownership including the addition or

subtraction of a partner.

4. Finally, paragraph 679.4(g)(9) was

added to clarify for the public that

scallop moratorium permits do not

represent any interest that is subject to

the ‘‘takings’’ provision of the U.S.

Constitution. The public is advised that

these permits represent a harvesting

privilege that may be amended or

revoked subject to the requirements of

applicable Federal law.

Classification

The Regional Administrator

determined that Amendment 2 is

necessary for the conservation and

management of the scallop fishery off

Alaska and that it is consistent with the

Magnuson-Stevens Act and other

applicable laws.

This final rule has been determined to

be not significant for the purposes of

E.O. 12866.

The Council prepared a final

regulatory flexibility analysis as part of

the regulatory impact review. The

analysis concluded that economic

effects of Amendment 2 could have a

significant and positive impact on a

substantial number of small entities. A

moratorium on the entry of new vessels

into the scallop fishery will help

prevent further overcapitalization of the

fishery and the loss of income to current

participants that would result from

further overcapitalization. However, it is

impossible to determine how many new

vessels would enter the fishery in the

absence of a vessel moratorium. As a

consequence, the benefits of a

moratorium are impossible to quantify.

The proposed rule to implement

Amendment 2 was published in the

Federal Register on December 26, 1996,

and comments were invited on the

IRFA. No comments were received on

the IRFA. Because the economic

impacts are beneficial, no efforts have

been made to mitigate these effects. A

copy of this analysis is available from

NMFS (see ADDRESSES).

This final rule contains a collectionof-information requirement subject to

the Paperwork Reduction Act. The

collection of this information has been

approved by the Office of Management

and Budget, OMB Control Number

0648–0206. The new information
17752 Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Rules and Regulations

requirement includes an application for

a moratorium permit and an application

for transfer of a moratorium permit.

Public reporting burden for these

collections of information are estimated

to be 0.33 and 0.5 hours, respectively.

Send comments regarding these burden

estimates or any other aspect of the data

requirements, including suggestions for

reducing the burden, to NMFS (see

ADDRESSES) and to the Office of

Information and Regulatory Affairs,

Office of Management and Budget,

Washington, DC 20503 (ATTN: NOAA

Desk Officer).

Notwithstanding any other provision

of the law, no person is required to

respond to, nor shall any person be

subject to a penalty for failure to comply

with, a collection of information subject

to the requirements of the PRA, unless

that collection of information displays a

currently valid OMB control number.

List of Subjects in 50 CFR Part 679

Fisheries, Reporting and

recordkeeping requirements.

Dated: April 7, 1997.

Nancy Foster,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

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

1. The authority citation for part 679

continues to read as follows:

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

seq.

2. In § 679.2, the definitions of ‘‘Legal

landing’’, ‘‘Maximum LOA’’

introductory text, ‘‘Moratorium

qualification’’, ‘‘Moratorium species’’,

and ‘‘Qualifying period’’ are revised to

read as follows:

§ 679.2 Definitions.

* * * * *

Legal landing (applicable through

June 30, 2000) means any amount of a

moratorium species that was or is

landed in compliance with Federal and

state commercial fishing regulations in

effect at the time of the landing.

* * * * *

Maximum LOA (applicable through

December 31, 1998), with respect to a

vessel’s eligibility for a groundfish or

crab moratorium permit, means:

* * * * *

Moratorium qualification (applicable

through December 31, 1998) with

respect to the groundfish and crab

vessel moratorium program means a

transferable prerequisite for a

moratorium permit.

Moratorium species means:

(1) (Applicable through June 30, 2000)

any scallop species.

(2) (Applicable through December 31,

1998) any moratorium crab species or

moratorium groundfish species.

* * * * *

Qualifying period (applicable through

December 31, 1998) with respect to the

groundfish and crab vessel moratorium

program means the period to qualify for

the moratorium from January 1, 1988,

through February 9, 1992.

* * * * *

3. In § 679.4, paragraph (c)(10)(i) is

revised and a new paragraph (g) is

added to read as follows:

§ 679.4 Permits.

* * * * *

(c) * * *

(10) Appeal—(i) Determination. The

Chief, RAM Division, will issue an

initial administrative determination to

each applicant who is denied a

moratorium permit by that official. An

initial administrative determination

may be appealed by the applicant in

accordance with § 679.43. The initial

administrative determination will be the

final agency action if a written appeal is

not received by the Regional

Administrator, within the period

specified at § 679.43.

* * * * *

(g) Scallop moratorium permits

(applicable through June 30, 2000)—(1)

General—(i) Applicability. Except as

provided under paragraph (g)(2) of this

section, any vessel used to take or retain

any scallop species in Federal waters

must have a valid scallop moratorium

permit on board the vessel at all times

when the vessel is engaged in fishing for

scallops in Federal waters or has

scallops taken from Federal waters

retained on board. Any vessel used to

take or retain scallops in Federal waters

within Scallop Registration Area H must

have a scallop moratorium permit

endorsed for Registration Area H. Any

vessel used to take or retain scallop

species in Federal waters outside

Registration Area H must have a scallop

moratorium permit endorsed for Federal

waters exclusive of Registration Area H.

(ii) Applicable dates and duration.

The requirement to carry a moratorium

permit is applicable from July 1, 1997,

through June 30, 2000. A scallop

moratorium permit is valid for the

duration of the moratorium unless

otherwise specified.

(iii) Validity. A scallop moratorium

permit issued under this paragraph is

valid only if:

(A) A person named on the

moratorium permit is the owner or

operator of the vessel on which the

permit is used.

(B) The vessel’s LOA does not exceed

the maximum LOA specified on the

permit.

(C) The permit has not been revoked

or suspended under 15 CFR part 904.

(iv) Inspection. A scallop moratorium

permit must be presented for inspection

upon the request of any authorized

officer.

(2) Exemptions. A vessel that has an

LOA of less than or equal to 26 ft (7.9

m) in the GOA, and less than or equal

to 32 ft (9.8 m) in the BSAI and that

does not have dredge gear on board is

exempt from the requirements of this

paragraph (g) when fishing for scallops

with dive gear.

(3) Qualification criteria—(i)

Qualifying period. To qualify for a

moratorium permit, a vessel must have

made a legal landing of scallops during

1991, 1992, or 1993, or during at least

4 separate years from 1980 through

1990.

(ii) Area endorsements. A scallop

moratorium permit may contain an area

endorsement for Federal waters within

Registration Area H, for Federal waters

outside Registration Area H, or for both

areas.

(A) Registration Area H. A scallop

moratorium permit may be endorsed for

fishing in Federal waters within

Registration Area H if a qualifying

vessel made a legal landing of scallops

taken inside Registration Area H during

the qualifying period defined at

paragraph (g)(3)(i) of this section.

(B) Waters outside Registration Area

H. A scallop moratorium permit may be

endorsed for fishing in Federal waters

outside Registration Area H if the

qualifying vessel made a legal landing of

scallops taken in waters outside

Registration Area H during the

qualifying period defined at paragraph

(g)(3)(i) of this section.

(iii) Legal landings. Evidence of legal

landings shall be limited to

documentation of State or Federal catch

reports that indicate the amount of

scallops harvested, the registration area

or location in which they were caught,

the vessel used to catch them, and the

date of harvesting, landing, or reporting.

(4) Maximum LOA—(i) All scallop

moratorium permits will specify a

maximum LOA, which will be 1.2 times

the LOA of the qualifying vessel on

January 20, 1993, unless the qualifying

vessel was under reconstruction on

January 20, 1993.

(ii) If a qualifying vessel was under

reconstruction on January 20, 1993, the
Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Rules and Regulations 17753

maximum LOA will be the LOA on the

date reconstruction was completed.

(5) Application for permit. A scallop

moratorium permit will be issued to the

person or successor in interest who was

the owner of a qualifying vessel when

it most recently made qualifying

landings under paragraph (g)(3) of this

section, if he/she submits to the

Regional Administrator a complete

scallop moratorium permit application

that is subsequently approved. A

complete application for a scallop

moratorium permit must include the

following information:

(i) Name(s), signature(s), business

address(es), and telephone and fax

numbers of the person(s) who owned

the vessel when the most recent

qualifying landing of scallops occurred.

(ii) Name of the qualifying vessel,

state registration number of the vessel

and the USCG number of the vessel, if

any.

(iii) Valid documentation of the

vessel’s basis for moratorium

qualification, if requested by the

Regional Administrator due to an

absence of landings records for the

vessel for the qualifying period.

(iv) Reliable documentation of the

vessel’s qualifying LOA, if requested by

the Regional Administrator, such as a

vessel survey, builder’s plan, state or

Federal registration certificate, or other

reliable and probative documents that

clearly identify the vessel and its LOA

and that are dated on or before January

20, 1993.

(v) Name(s) and signature(s) of the

person(s) who is/are the owner(s) of the

vessel or the person(s) responsible for

representing the vessel owner.

(vi) If the qualifying vessel was under

reconstruction on January 20, 1993, the

permit application must contain the

following additional information:

(A) A legible copy of written contracts

or written agreements with the firm that

performed reconstruction of the vessel

and that relate to that reconstruction.

(B) An affidavit signed by the vessel

owner(s) and the owner/manager of the

firm that performed the reconstruction

specifying the beginning and ending

dates of the reconstruction.

(C) An affidavit signed by the vessel

owner(s) specifying the LOA of the

reconstructed vessel.

(6) Vessel ownership. Evidence of

vessel ownership shall be limited to the

following documents, in order of

priority:

(i) For vessels required to be

documented under the laws of the

United States, the USCG abstract of title

issued in respect to that vessel.

(ii) A certificate of registration that is

determinative as to vessel ownership.

(iii) A bill of sale.

(7) Permit transfer—(i) Applicability.

A moratorium permit transfer is

required to effect any change in permit

ownership including the addition or

subtraction of partners. Area

endorsements may not be transferred

independently of a moratorium permit.

(ii) Required information. A complete

application for approval of transfer of a

scallop moratorium permit must include

the following:

(A) The original moratorium permit to

be transferred.

(B) Name(s), business address(es), and

telephone and fax numbers of the

applicant(s) including the holders of the

scallop moratorium permit that is to be

transferred and the person(s) who is to

receive the transferred scallop

moratorium permit.

(C) Name(s) and signature(s) of the

person(s) from whom the moratorium

permit would be transferred or their

representative, and the person(s) who

would receive the transferred

moratorium permit or their

representative.

(D) A legible copy of a contract or

agreement to transfer the moratorium

permit in question must be included

with the application for transfer that

specifies the person(s) from whom the

scallop moratorium permit is to be

transferred, the date of the transfer

agreement, name(s) and signature(s) of

the current holder(s) of the permit, and

name(s) and signature(s) of person(s) to

whom the scallop moratorium permit is

to be transferred.

(8) Appeal—(i) Determination. The

Chief, RAM Division, will issue an

initial administrative determination to

an applicant upon denial of a scallop

moratorium permit by that official. An

initial administrative determination

may be appealed by the applicant in

accordance with § 679.43. The initial

administrative determination will be the

final agency action if a written appeal is

not received by the Regional

Administrator postmarked within the

period specified at § 679.43.

(ii) Permit denial. An initial

administrative determination that

denies an application for a scallop

moratorium permit may authorize the

affected person to take or retain

scallops. Any administrative

determination that authorizes fishing

will expire on the effective date of the

final agency action relating to the

application.

(iii) Final action. An administrative

determination denying the issuance of a

scallop moratorium permit is the final

agency action for purposes of judicial

review.

(9) Harvesting privilege. Scallop

moratorium permits issued pursuant to

this part do not represent an interest

that is subject to the ‘‘takings’’ provision

of the 5th Amendment to the U.S.

Constitution. Rather, such permits

represent only a harvesting privilege

that may be revoked or amended subject

to the requirements of the MagnusonStevens Act and other applicable laws.

4. In § 679.43, paragraph (a) is revised

to read as follows:

§ 679.43 Determinations and appeals.

(a) General. This section describes the

procedure for appealing initial

administrative determinations made

under this subpart as well as § 679.4(c),

§ 679.4(g), and portions of subpart C of

this part that apply to the halibut and

sablefish CDQ program.

* * * * *

[FR Doc. 97–9433 Filed 4–10–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961119321–7071–02; I.D.

110796G]

RIN 0648–AI68

Fisheries of the Exclusive Economic

Zone Off Alaska; Revisions to

Recordkeeping and Reporting

Requirements

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS is revising several

sections of regulations that pertain to

permits, recordkeeping, and reporting

for the groundfish fisheries of the

Exclusive Economic Zone (EEZ) off

Alaska. These changes are necessary to

clarify existing text, facilitate

management of the fisheries, promote

compliance with regulations, and

facilitate enforcement efforts. This

action is intended to further the goals

and objectives of the fishery

management plans (FMPs) for the

fisheries of the EEZ off Alaska.

EFFECTIVE DATE: May 12, 1997.

FOR FURTHER INFORMATION CONTACT:

Patsy A. Bearden, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

NMFS manages the groundfish

fisheries in the EEZ off Alaska under