[Federal Register Volume 60, Number 92 (Friday, May 12, 1995)]
[Proposed Rules]
[Pages 25677-25687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11777]



[[Page 25677]]

DEPARTMENT OF COMMERCE

50 CFR Parts 671, 672, 675, and 676

[Docket No. 950508130-5130-01; I.D. 050195A]
RIN 0648-AH62


Limited Access Management of Federal Fisheries In and Off Alaska; 
Groundfish and Crab Fisheries Moratorium

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes a temporary moratorium on the entry of new 
vessels into the groundfish and crab fisheries under Federal 
jurisdiction in the Bering Sea and Aleutian Islands (BSAI) area, and 
the groundfish fisheries under Federal jurisdiction in the Gulf of 
Alaska (GOA). This action is proposed by the North Pacific Fishery 
Management Council (Council) to curtail increases in fishing capacity 
and provide industry stability while the Council and NMFS prepare, 
review, and, if approved, implement a comprehensive management plan for 
these fisheries. This action is intended to promote the conservation 
and management objectives of the Council and the Magnuson Fishery 
Conservation and Management Act (Magnuson Act).

DATES: Comments must be received at the following address by June 1, 
1995.

ADDRESSES: Comments must be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, 709 West 9th Street, Juneau, 
AK 99801, or P.O. Box 21668, Juneau, AK 99802, Attention: Lori J. 
Gravel. Copies of the proposed Fishery Management Plan (FMP) amendments 
and the Environmental Assessment/Regulatory Impact Review/Initial 
Regulatory Flexibility Analysis (EA/RIR/IRFA) for the moratorium may be 
obtained from the North Pacific Fishery Management Council, P.O. Box 
103136, Anchorage, AK 99510.

FOR FURTHER INFORMATION CONTACT: Jay Ginter, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    Domestic groundfish fisheries in the exclusive economic zone (EEZ) 
of the GOA and the BSAI are managed by NMFS under the GOA and BSAI 
groundfish FMPs. The commercial harvest of king and Tanner crabs is 
managed under the Fishery Management Plan for the Commercial King and 
Tanner Crab Fisheries in the Bering Sea and Aleutian Islands Area. 
These FMPs were prepared by the Council under the Magnuson Act. The FMP 
for the GOA groundfish fisheries is implemented primarily by 
regulations at 50 CFR part 672. The FMP for the BSAI groundfish 
fisheries is implemented primarily by regulations at 50 CFR part 675. 
The FMP for the king and Tanner crab fisheries in the BSAI is 
implemented by regulations at 50 CFR part 671 and by Alaska 
Administrative Code regulations at title 5, chapters 34 and 35. Other 
Federal regulations that also affect the groundfish and crab fisheries 
are set out at 50 CFR parts 620, 676, and 677.
    This action would implement proposed revisions of Amendment 23 to 
the Fishery Management Plan for the Groundfish Fishery of the Bering 
Sea and Aleutian Islands Area, Amendment 28 to the Fishery Management 
Plan for the Groundfish of the Gulf of Alaska, and Amendment 4 to the 
Fishery Management Plan for the Commercial King and Tanner Crab 
Fisheries in the Bering Sea and Aleutian Islands Area. These revisions 
would establish temporary entry controls until more formal controls on 
harvesting capacity can be implemented. The Council has been aware of 
the fishery management problems caused by excess harvesting capacity or 
over-capitalization since the late 1970's. The Council first 
recommended a moratorium on new entry into the Alaska halibut fishery 
in 1983. This proposal was disapproved by NMFS because it would not 
have resolved the basic problem of overcapitalization in the halibut 
fishery. In 1987, amid growing indications of excess harvesting 
capacity in the North Pacific groundfish fisheries, the Council adopted 
a statement of commitment to pursue alternative management measures 
that would achieve optimum yield through more rational fishing effort 
than exists with the current open access system. The Council 
established its Future of Groundfish Committee in 1987, which examined 
management problems in the groundfish, crab, and halibut fisheries off 
Alaska. The Committee concluded that problems of excess harvesting 
capacity and allocation conflicts would worsen under a continued open 
access system. The Committee recommended a limited access management 
approach for these three fisheries.
    The Council, concerned that overcapitalization may be exacerbated 
by speculative entry into the fisheries during its discussion of 
limited access alternatives, requested NMFS to publish a control date 
notice. This notice, announcing a control date of September 15, 1990, 
was published in the Federal Register on September 5, 1990 (55 FR 
36302) and corrected on September 13, 1990 (55 FR 37729). The notice 
(a) informed the public of the Council's intention to develop measures 
to limit access, and (b) established the control date after which 
owners of vessels that had not previously participated would not be 
assured future access to these fisheries if a limited access system 
were implemented using that control date. The control date notice also 
stated that ``due consideration'' would be given to vessels that were 
under construction or under contract for purchase or construction and 
that had harvested or processed groundfish, crab, or halibut by January 
15, 1992. In response to the delay of the 1992 trawl groundfish season 
from January 1, 1992, until January 20, 1992, the Council decided in 
September 1991 to change the final ``due consideration'' date to 
February 9, 1992.
    Since 1990, the Council has contended with difficult public policy 
issues related to overcapitalization and its attendant resource 
allocations. Although the Council continues to develop a comprehensive 
rationalization plan (CRP) to resolve most of these problems, 
transition from an open access management system to a limited access, 
market-based, allocation system for public fishery resources is 
difficult and time consuming. For example, the Council began work on a 
limited access system for the sablefish (and later halibut) longline 
fisheries in 1987. The Council proposed an individual fishing quota 
(IFQ) program for these fisheries in 1991. NMFS approved the IFQ 
program in 1993 and fishing under the program began in 1995. For other 
groundfish and crab fisheries, the Council has proposed the moratorium 
as a temporary measure to slow significant increases in the harvesting 
capacity of the groundfish and crab fishing fleets until a CRP can be 
implemented.
    This proposed moratorium is not expected to resolve the problem of 
excess harvesting capacity in the groundfish and BSAI crab fisheries. 
This proposed moratorium would stop the entry of a potentially 
unlimited number of vessels into these fisheries that would exacerbate 
overcapitalization problems and confound the ultimate development and 
approval of a CRP. As an interim management measure, this proposed 
moratorium would provide temporary industry stability by freezing the 
number of vessels allowed to participate in the affected fisheries and 
limiting increases in fishing capacity. This could [[Page 25678]] have 
a limited effect of increasing economic benefits to fishermen and 
reducing the risk of overfishing.
    The Council originally proposed the moratorium at its meeting in 
June 1992. In August 1992, and in January 1993, the Council clarified 
its moratorium proposal. The Council prepared an EA/RIR/IRFA for the 
proposal dated April 28, 1994, and NMFS' review of the proposal was 
initiated on May 3, 1994. A notice of availability of the proposed FMP 
amendments and corresponding analysis was published in the Federal 
Register on May 12, 1994 (59 FR 24679), which started a 60-day public 
comment period on these documents. A concurrent 45-day public comment 
period on proposed implementing rules for the moratorium began on May 
31, 1994 (59 FR 28827, June 3, 1994).
    The Council's original moratorium proposal was disapproved by NMFS 
on August 5, 1994 (59 FR 43534, August 24, 1994). In a letter to the 
Council chairman on that date, the Director, Alaska Region, NMFS 
(Regional Director), stated that the principal reasons for the 
disapproval were that certain provisions of the moratorium would have 
allowed significantly more vessels to qualify for a moratorium permit 
than participate on average in any year, thereby undermining the 
expressed purpose of the moratorium. The provisions were inconsistent 
with several national standards of the Magnuson Act and other 
applicable law. Specifically, the inconsistent provisions were:
    a. The proposed qualifying period of January 1, 1980, through 
February 9, 1992, would have allowed about 13,500 vessels to qualify to 
participate in the fisheries under the moratorium when approximately 
2,500 vessels was the annually permitted fleet size in the groundfish 
and BSAI crab fisheries in recent years;
    b. The crossover provision, which would have allowed a vessel to 
cross over from one moratorium fishery into another moratorium fishery 
in which it had no previous qualifying history while denying entry to a 
vessel currently active in one of the fisheries. The crossover 
provision would have exacerbated overcapacity problems;
    c. The Council had not adequately considered present participation 
and other factors required to be considered in developing a limited 
access system by the Magnuson Act; and
    d. An appeals process for the moratorium, which was redundant 
because a similar limited access appeals process was already 
established for the IFQ program.
    Section 304(b)(3) of the Magnuson Act provides the Council an 
opportunity to revise the disapproved moratorium FMP amendment and 
submit a revised proposal for expedited review by NMFS. The Council 
decided to take this action at its September and December 1994 
meetings. NMFS has not yet made a final determination whether the 
revised moratorium FMP amendments are consistent with the national 
standards, other provisions of the Magnuson Act, and other applicable 
law. A brief description of the Council's September and December 
revisions follows.
    The Council revised its original moratorium proposal at its meeting 
in September 1994, by:
    1. Changing the qualifying period to January 1, 1988, through 
February 9, 1992;
    2. Substituting the appeals procedure developed for the halibut and 
sablefish IFQ program for a special moratorium appeals process; and
    3. Removing the halibut and sablefish longline fisheries from the 
moratorium.
    The Council prepared a supplement to the analysis for the original 
moratorium proposal assessing the effects of the Council's proposed 
revisions. The supplemental analysis, dated February 13, 1995, 
indicates that the Council's September 1994 revisions to the proposed 
moratorium would substantially reduce the potential moratorium fleet 
from 13,350 vessels to 4,144 vessels. The analysis estimates the 
revised fleet size to be about 180 percent of the average number of 
vessels that operated each year 1988 through 1991 in the groundfish and 
crab fisheries. This change in the qualifying period also gave greater 
weight to a vessel that participated in these fisheries in those years 
as opposed to a vessel that may have participated before 1988 but not 
in later years 1988 through February 9, 1992. A demonstration of recent 
participation generally indicates a vessel's greater dependence on a 
fishery than a vessel that has not participated in recent years. The 
Council decided not to extend the qualifying period from February 9, 
1992, through mid-June 1994. The Council believed its control date 
notice of 1990 and its original action on a proposed moratorium in 1992 
adequately alerted fishermen about the risks of entering a vessel in 
these fisheries for the first time. The analysis indicates that not 
extending the qualifying date through mid-June 1994 eliminated 494 
vessels that entered the fisheries during the period between the cutoff 
date of February 9, 1992, and mid-June 1994. About 3,600 additional 
vessels were eliminated from the potential moratorium fleet by removing 
those that fished only for halibut and sablefish with longline gear. 
These vessels could continue to operate in these longline fisheries 
under the IFQ program if their owners/operators hold a valid IFQ 
permit. A landing of only halibut or sablefish caught with longline 
gear during the qualifying period would not be considered a groundfish 
landing to qualify a vessel for the proposed moratorium.
    In September 1994, the Council decided not to change the crossover 
provision. The Council reasoned that its intent was to create a single 
moratorium for groundfish and BSAI crab fisheries within which 
qualified vessels would be free to move among fisheries as they have 
done under the open access management system. The flexibility the 
crossover provision gave to vessels in one or more of these fisheries 
was considered by the Council to be a critically important part of its 
moratorium proposal.
    In December 1994, NMFS informed the Council that the crossover 
provision could continue to be an impediment to approval of the revised 
moratorium proposal. The Regional Director suggested a way to overcome 
this problem by providing for limited crossovers based on certain 
criteria. The Council approved this change to the crossover provision 
on December 11, 1994.
    The revised moratorium proposal would allow a moratorium-qualified 
vessel to cross over between one moratorium fishery (e.g., BSAI crab 
fishery) and another moratorium fishery (e.g., the groundfish fishery, 
or vice versa) during the moratorium if:
    i. The vessel had made a legal landing in both fisheries during the 
qualifying period; or
    ii. The vessel uses the same type of fishing gear in the second 
fishery that it used in the first fishery to qualify for the 
moratorium; or
    iii. The vessel qualified for the moratorium in one fishery and, 
during the period February 9, 1992, through December 11, 1994, made a 
legal landing in the other moratorium fishery and uses the same type of 
fishing gear it used during that period.
    The following paragraphs describe how NMFS would implement this 
limited crossover provision and provide a general description of the 
proposed moratorium program.

Proposed Vessel Moratorium Program

    The proposed moratorium program, if approved, would limit access to 
the groundfish and BSAI crab resources off Alaska to a vessel that has 
been issued a moratorium permit by NMFS. A [[Page 25679]] moratorium 
permit would be required in addition to any other permit or license 
required by Federal or state regulations unless those requirements are 
specifically waived. NMFS is considering alternatives that would 
simplify the permit application and issuance process, including a 
unified Federal permitting system for groundfish and crab.

1. Vessels Affected by the Proposed Moratorium

    The proposed moratorium would require a moratorium permit for a 
vessel that catches and retains any species of king and Tanner crabs 
whose commercial fishing is governed by the Fishery Management Plan for 
the Commercial King and Tanner Crab Fisheries in the Bering Sea and 
Aleutian Islands Area and its implementing regulations at 50 CFR part 
671 (``moratorium crab species''). A moratorium permit also would be 
required of a vessel that conducts directed fishing for any groundfish 
species whose commercial fishing is governed by the Fishery Management 
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands 
Area, and the Fishery Management Plan for Groundfish of the Gulf of 
Alaska and their respective implementing regulations at 50 CFR parts 
672 and 675 (``moratorium groundfish species''). Moratorium crab 
species and moratorium groundfish species are collectively referred to 
as ``moratorium species.'' A vessel that catches and retains moratorium 
crab species and is issued a moratorium permit would be required to 
have any Federal or state permits specified in the applicable 
regulations. However, a vessel that conducts directed fishing for any 
moratorium groundfish species and is issued a moratorium permit would 
not be required to have a Federal groundfish permit.
    A vessel ``directed fishing'' or targeting on groundfish species 
would be required to have a moratorium permit, unless the vessel is 
exempted, as described below. The term ``directed fishing'' is defined 
in the groundfish FMPs' implementing regulations at 50 CFR parts 672 
and 675. Basically, this term establishes criteria by which NMFS may 
determine which species of groundfish a vessel has been targeting when 
any fish are on board the vessel. A vessel that takes only incidental 
catches of moratorium groundfish species in the EEZ would not be 
required to have a moratorium permit; however, it would be required to 
have a Federal groundfish permit. A vessel without a moratorium permit 
in the EEZ would be required to discard any catch of a moratorium 
groundfish species that exceeds the maximum retainable bycatch amount 
specified in the directed fishing definition in parts 672 and 675. 
Crabs are prohibited species in the groundfish fishery, which means 
that any bycatch of crab must be immediately returned to the sea.
    The Council specifically exempted certain vessels from the proposed 
moratorium. Such vessels would not be required to obtain moratorium 
permits. The rationale for these exemptions was provided in the 
proposed rule for the original moratorium proposal (59 FR 28827, June 
3, 1994). Other existing Federal and state permit requirements would 
continue to apply to exempted vessels. A vessel within one of the 
following categories would be exempt from the moratorium and would not 
be required to have a moratorium permit (but may be required to have a 
Federal groundfish permit):
    <bullet> A vessel that is not used to catch fish (e.g., processor 
vessel, tender, or support vessel); or
    <bullet> A vessel that does not catch and retain moratorium crab 
species or that does not conduct directed fishing for moratorium 
groundfish species; or
    <bullet> A vessel that catches and retains moratorium crab species 
or that conducts directed fishing for moratorium groundfish species 
only within state waters; or
    <bullet> A vessel that conducts directed fishing for moratorium 
groundfish species in the GOA and that does not exceed 26 ft (7.9 m) in 
length overall (LOA) providing such vessel length is not increased 
beyond this LOA limit; or
    <bullet> A vessel that catches and retains moratorium crab species 
or that conducts directed fishing for moratorium groundfish species in 
the BSAI area and that does not exceed 32 ft (9.8 m) LOA providing such 
vessel length is not increased beyond this LOA limit; or
    <bullet> A vessel that catches IFQ halibut or IFQ sablefish or 
halibut or sablefish under the Western Alaska Community Development 
Quota (CDQ) program; or
    <bullet> A vessel that, after the implementation of the CDQ program 
for pollock on November 18, 1992 (57 FR 54937, November 23, 1992) is 
specifically constructed and used to harvest pollock in accordance with 
a Community Development Plan (CDP), is specially designed and equipped 
to meet specific needs that are described in the CDP, and is no greater 
than 125 ft (38.1 m) LOA.

2. Moratorium Permit Qualifications

    Generally, a vessel would be qualified to receive a moratorium 
permit, if it made a legal landing of any moratorium species during the 
qualifying period of January 1, 1988, through February 9, 1992. The 
exceptions to this general rule are described below.
    A ``legal landing'' would be defined as any amount of a moratorium 
species that was landed in compliance with Federal and state 
regulations in effect at the time of the landing. The primary effect of 
this definition would be to limit landing claims to those that could be 
verified through Federal and state records of required landing reports. 
A vessel owner who alleges that government records are in error would 
have to produce a copy of a valid state fish ticket or other required 
report as evidence of participation of the vessel in a fishery for a 
moratorium species during the qualifying period.
    A vessel for which acceptable evidence exists of a legal landing of 
a moratorium species during the qualifying period would be considered 
by NMFS to have moratorium qualification, except if that vessel is 
exempt from the moratorium as described above. For example, a vessel 
that is less than or equal to 26 ft (7.9 m) LOA and that made a legal 
landing of moratorium species caught only in the GOA would not have 
moratorium qualification. Likewise, a vessel that made a legal landing 
only of halibut and sablefish caught with fixed gear during the 
qualifying period would not have moratorium qualification.
    An exempt vessel may continue to fish for moratorium species, if it 
has on board a groundfish permit issued by NMFS or a crab permit issued 
by the State of Alaska pursuant to existing regulations. For example, a 
Federal groundfish permit would be required of any vessel that 
participates in the EEZ groundfish fisheries off Alaska, including a 
processor vessel, a support vessel, a small vessel exempted from the 
moratorium, as well as a vessel that harvests IFQ sablefish. Issuance 
of a groundfish permit would not require moratorium qualification. By 
not allowing such a vessel a moratorium qualification, the vessel would 
be prevented from transferring moratorium qualification to another 
vessel that could increase the overall harvesting capacity of the fleet 
counter to the Council's objective in proposing the moratorium.
    A vessel that operates under the IFQ program and that does not have 
moratorium qualification would be able to retain bycatch amounts of 
[[Page 25680]] moratorium groundfish species, such as Pacific cod and 
rockfish, up to the maximum allowable retention limits set forth at 50 
CFR parts 672 and 675. The retention of these species is required under 
the IFQ program regulations at 50 CFR part 676, unless retention is 
otherwise restricted or prohibited by Federal or state regulations. 
Hence, a moratorium permit would not be required of vessels used by 
fishermen with IFQs for halibut or sablefish.
    A moratorium permit would be issued to the person who owns a 
moratorium-qualified vessel after approval of an application for a 
moratorium permit for that vessel. Moratorium qualification would be a 
characteristic of a vessel that stays with the vessel, except as 
described below. NMFS would maintain a database of vessels that are 
moratorium-qualified according to official landings records. If the 
owner of a vessel that would require a moratorium permit applies for 
one, NMFS may issue a permit if the vessel is on the list of 
moratorium-qualified vessels and is within its maximum LOA. Moratorium 
permits would be valid only for the year in which they are issued. A 
vessel owner who receives a moratorium permit for a vessel one year may 
not necessarily receive one for the same vessel in a succeeding year if 
the vessel loses its moratorium qualification.
    The moratorium qualification of a vessel could be lost if it is 
transferred to another vessel or person, or if the vessel's LOA is 
increased to exceed the maximum LOA for that vessel. A vessel's maximum 
LOA is defined in the proposed rule as the greatest LOA that the 
vessel, or its replacement, may have and remain qualified for a 
moratorium permit. The maximum LOA of a vessel that is less than 125 ft 
(38.1 m) LOA would be either 1.2 times the vessel's original qualifying 
length, or 125 ft (38.1 m), whichever is less. The maximum LOA of a 
vessel that is 125 ft (38.1 m) or greater would be equal to its 
original qualifying length. The original qualifying length of a vessel 
would be the LOA of the vessel on or before June 24, 1992. This limited 
length increase allowance, known as the ``20 percent rule,'' is 
intended to provide an owner of a smaller vessel with an opportunity to 
increase the vessel's stability by widening and lengthening the hull. 
The 20 percent rule could increase safety margins for a vessel, 
although it also would provide an opportunity to increase its fishing 
capacity. The Council recognized this possibility, and limited any 
vessel length increases to a vessel less than 125 ft (38.1 m) LOA. The 
Council made this decision on June 24, 1992, to discourage a vessel 
owner from increasing the vessel's length substantially between that 
date and the potential implementation date of the moratorium. Any 
violation of the 20 percent rule would nullify the moratorium 
qualification of the vessel that exceeds its maximum LOA.

3. Crossovers

    The Council's original moratorium proposal would not have limited 
the ability of a vessel that qualified for a moratorium permit because 
of a legal landing, for example, of a moratorium crab species to cross 
over to a fishery for a moratorium groundfish species, even if it had 
no previous landing history in a groundfish fishery. For the reasons 
described above, the Council decided at its meeting in December 1994, 
to limit crossovers. The rationale for this revision is to allow a 
vessel to move between the groundfish and BSAI crab fisheries as 
intended in the original moratorium proposal, but to limit that 
movement based on the type of fishing gear used by the vessel either to 
qualify for the moratorium or during the period of time immediately 
following the qualifying period and before December 11, 1994. This 
crossover limitation recognizes the basic similarity of fishing gear 
used in the BSAI crab fisheries and some groundfish fisheries. It also 
recognizes the fact that some moratorium-qualified vessels crossed over 
to enter a new moratorium fishery after the cutoff date of February 9, 
1992, based on the Council's original moratorium proposal. These 
vessels would be allowed to continue to operate in these fisheries 
under the moratorium but would be restricted to using the fishing gear 
used from February 10, 1992, through December 11, 1994, the date of the 
Council's decision on the revised moratorium proposal.
    Either of two conditions would allow a moratorium-qualified vessel 
that had a legal landing during the qualifying period only in the 
groundfish fishery to cross over under the moratorium as a new vessel 
in the BSAI crab fishery (or vice versa):
    1. The vessel could cross over into the new fishery providing it 
uses only the same basic (authorized) fishing gear that it used to 
qualify for the moratorium; or
    2. The vessel could cross over into the new fishery providing it 
had made a legal landing in that fishery during the period February 10, 
1992, through December 11, 1994, and it uses only the same basic 
(authorized) fishing gear that it used during that period.
    Example 1. A vessel that made a legal landing in the BSAI crab 
fisheries during the qualifying period would be eligible for a 
moratorium permit to operate in that fishery and in the BSAI or GOA 
groundfish fisheries using pot gear where that gear is authorized. The 
only legal fishing gear in the BSAI crab fisheries is pot gear. 
Therefore, this vessel would be limited in crossing over into the 
groundfish fisheries to using pot gear.
    Example 2. A vessel that made a legal landing in the BSAI or GOA 
groundfish fisheries during the qualifying period would be eligible for 
a moratorium permit to operate in that fishery using any authorized 
fishing gear for groundfish. The same vessel also made a legal landing 
in the BSAI crab fishery during the period February 10, 1992, through 
December 11, 1994. Therefore, this vessel also would be eligible for a 
moratorium permit to operate in the BSAI crab fishery, and its 
flexibility to move between fisheries using any authorized gear would 
be unlimited.
    Example 3. A vessel that made a legal landing in the BSAI crab 
fisheries during the qualifying period would be eligible for a 
moratorium permit to operate in that fishery and in the BSAI or GOA 
groundfish fisheries using pot gear where that gear is authorized. The 
same vessel also made a legal landing in the groundfish fisheries using 
hook-and-line gear during the period February 10, 1992, through 
December 11, 1994. Therefore, this vessel also would be eligible for a 
moratorium permit to operate in the groundfish fisheries using hook-
and-line gear. This vessel would not be eligible to cross over into the 
groundfish fishery using trawl gear under the moratorium, but would be 
limited to fishing for groundfish with either pot or hook-and-line 
gear.
    This revision to the proposed moratorium would require NMFS to 
issue moratorium permits with fishery-specific fishing gear 
endorsements. A moratorium permit would not be valid without at least 
one gear endorsement. Four types of fishery/gear endorsements are 
proposed that comprise categories of fishing gear that are specifically 
authorized in Federal regulations (with respect to groundfish) or in 
State of Alaska regulations (with respect to crab). These fishery/gear 
endorsement categories are as follows:
    a. Groundfish/trawl, includes groundfish pelagic and nonpelagic 
trawl gears as defined at 50 CFR part 672;
    b. Crab/pot, includes crab pot gear as defined in the Alaska 
Administrative Code at title 5, chapters 34 and 35;
    c. Groundfish/pot, includes groundfish longline pot and pot-and-
line gears as defined at 50 CFR part 672; and [[Page 25681]] 
    d. Groundfish/hook, includes groundfish hook-and-line and jig gears 
as defined at 50 CFR part 672.
    The Regional Director would determine the appropriate fishery/gear 
endorsement for a moratorium permit based on the permit application 
received and existing landings records and vessel LOA. A moratorium 
permit may be issued for the groundfish fishery or the BSAI crab 
fishery or both. In addition, a moratorium permit may be issued with 
one or more of the fishery/gear endorsements listed above. For example, 
a moratorium-qualified vessel that made a legal landing of BSAI crab 
during the qualifying period would be issued a moratorium permit to 
fish for groundfish and BSAI crab with a pot gear endorsement. 
Alternatively, a moratorium-qualified vessel that made a legal landing 
of groundfish using trawl gear during the qualifying period would be 
issued a moratorium permit to fish for groundfish with all groundfish 
gear endorsements, but that vessel would not be permitted to fish for 
BSAI crabs unless it also had made a legal landing in the BSAI crab 
fishery during the period February 10, 1992, through December 11, 1994. 
This restriction is necessary to carry out the proposed limited 
crossover policy.

4. Transferability

    The moratorium qualification issued to a vessel would be 
transferrable under certain conditions. All such transfers would have 
to be approved by the Regional Director before they would be effective. 
A vessel that loses its moratorium qualification due to a transfer 
would become disqualified to participate in any moratorium fishery on 
the effective date of the transfer. The purpose of providing for 
transfers is to allow vessels to make limited improvements or to 
replace existing vessels in the moratorium fisheries. Restrictions on 
transfers are necessary to limit the potential fishing capacity 
resulting from vessel improvements or replacements. A moratorium 
qualification may be transferred without a moratorium permit if, for 
example, no such permit has been issued based on that qualification. A 
moratorium permit would not be transferrable during the year for which 
it is issued without also transferring the moratorium qualification on 
which it is based.
    Moratorium qualification would be assumed to remain attached to the 
vessel that made a legal landing of moratorium species during the 
qualifying period, unless otherwise specified in a purchase agreement 
or contract. Hence, NMFS would presume that the owner of a moratorium-
qualified vessel at the time of a moratorium permit application also 
possesses the moratorium qualification for that vessel. The moratorium 
qualification of a vessel may be transferred from the owner of the 
vessel to another person by mutual agreement. For example, the 
moratorium qualification of a vessel, commonly referred to as the 
vessel's ``fishing rights,'' may be retained by the vessel's owner to 
liquidate independently of the vessel. A vessel owner also may choose 
to retain the moratorium qualification of his or her vessel when it is 
sold, lost or destroyed, so that he/she can apply it to a replacement 
vessel. Regardless of the reason for transferring the moratorium 
qualification, NMFS would require valid documentation of the transfer 
before the moratorium qualification could be used as a basis for 
issuing a moratorium permit.
    A moratorium permit would not be valid without a valid moratorium 
qualification. Moratorium permits would be valid only in the calendar 
year for which they are issued. Hence, the validity of a vessel's 
moratorium qualification would be confirmed at least annually, or 
whenever a moratorium permit application is submitted. The validity of 
a vessel's moratorium qualification would depend on its compliance with 
the 20 percent rule described above, with respect to the vessel's 
maximum LOA. Each moratorium qualification would be characterized by a 
maximum LOA. A transfer of a vessel's moratorium qualification to a 
vessel that exceeds the maximum LOA of the moratorium qualification 
would not be approved by NMFS, for example, and no moratorium permit 
would be issued.
    A moratorium permit would not be separable from the moratorium 
qualification on which the permit is based. A moratorium qualification 
transfer by itself would automatically invalidate any moratorium permit 
that had been based on that moratorium qualification. Fishery and gear 
endorsements could not be separated and transferred independently. For 
example, a moratorium permit that authorizes a vessel to harvest 
moratorium species of groundfish and crab with pot gear could not be 
separated into a groundfish/pot permit and a crab/pot permit. Likewise, 
gear endorsements could not be separately transferred from a moratorium 
permit. For example, the hook endorsement on a groundfish/trawl, pot, 
and hook permit would not be transferrable.
    Replacement or salvage of a lost or destroyed vessel: A cutoff date 
of January 1, 1989, is proposed for determining the replacement of a 
moratorium-qualified vessel that was lost or destroyed. The moratorium 
qualification of a vessel that was lost or destroyed before that date 
would no longer be valid for purposes of a moratorium permit, unless 
salvage of the vessel had started before June 24, 1992. The Council 
reasoned that a vessel owner who lost a vessel before January 1, 1989, 
would have replaced the vessel before the end of the qualifying period 
if the owner intended to continue participation in the moratorium 
fisheries.
    The moratorium qualification of a vessel that was lost or destroyed 
on or after January 1, 1989, but before the effective date of the 
moratorium, may be valid and transferred to a replacement vessel if the 
LOA of the replacement vessel does not exceed the maximum LOA of the 
moratorium-qualified vessel that was lost, and the replacement vessel 
makes a legal landing of a moratorium species within the first 2 years 
(730 days) after the effective date of the moratorium. At the beginning 
of the third year of the moratorium, NMFS would determine whether the 
replacement vessel made a legal landing of a moratorium species. If 
not, then no moratorium permit would be issued to the vessel that year. 
The moratorium qualification of a vessel that is lost or destroyed 
after the effective date of the moratorium may be transferred to a 
replacement vessel, providing it does not exceed the maximum LOA of the 
moratorium-qualified vessel that was lost.
    The moratorium qualification of a vessel that was lost or destroyed 
before January 1, 1989, may be valid for the vessel if salvage 
operations began on or before June 24, 1992, the salvaged vessel does 
not exceed its maximum LOA, and the salvaged vessel makes a legal 
landing of a moratorium species within the first 2 years (730 days) 
after the effective date of the moratorium. A moratorium-qualified 
vessel that was lost or destroyed on or after January 1, 1989, may be 
salvaged and may be eligible for a moratorium permit if the salvaged 
vessel does not exceed its maximum LOA and the moratorium qualification 
of the vessel has not been transferred.
    Reconstruction: Vessel reconstruction means a change in the 
original qualifying length of a moratorium-qualified vessel. The 
moratorium qualification of a vessel reconstructed in a manner that 
changes its LOA would be controlled under the moratorium by the 20 
percent rule described above and the dates when reconstruction was 
started and finished. The LOA of a moratorium- [[Page 25682]] qualified 
vessel could be changed to exceed the vessel's maximum LOA without 
invalidating its moratorium qualification only if reconstruction of the 
vessel began before June 24, 1992, was completed after that date, and a 
transfer of the vessel's moratorium qualification or moratorium permit 
to the reconstructed vessel is approved by NMFS. The revised maximum 
LOA of such a vessel would be established as equal to the reconstructed 
LOA even if the reconstructed LOA were less than 125 ft (38.1 m). The 
purpose for this exception to the 20 percent rule is to prevent the 
disqualification of a vessel that was undergoing reconstruction on the 
date that the Council initially acted to recommend its original 
moratorium proposal. The Council decided that such a vessel should be 
allowed to participate in the fisheries under the moratorium, but that 
it should not be allowed any additional length increases under the 20 
percent rule. A vessel that completed reconstruction before June 24, 
1992, would have its LOA on that date used as a basis for determining 
its maximum LOA, and a vessel that started reconstruction after June 
24, 1992, would have its LOA restricted by the 20 percent rule.
    Vessel reconstruction would begin and end with the start and 
completion of the physical modification of the vessel. The 
determination of any adjustment in maximum LOA for reconstructed 
vessels would have to be approved by NMFS and be based on documentation 
supplied to NMFS that verifies the beginning and ending dates of vessel 
reconstruction. NMFS proposes that acceptable documentation of the 
beginning and ending dates of reconstruction would be limited to a 
notarized affidavit signed by the vessel owner and the owner/manager of 
the shipyard that specifies the beginning and ending dates of the 
reconstruction. NMFS particularly requests comments from the public on 
this proposed method for documenting the beginning and ending dates of 
vessel reconstruction.

5. Administration

    The moratorium would be implemented by limiting the issuance of a 
moratorium permit to only a moratorium-qualified vessel. The Restricted 
Access Management Division within the Alaska Region, NMFS, would 
administer the moratorium program by maintaining a database of 
moratorium-qualified vessels, issuing, receiving, and reviewing permit 
and transfer applications, making initial determinations of 
eligibility, and issuing moratorium permits. This work would be 
conducted in parallel with the issuance of a Federal groundfish permit 
to each vessel that would not need a moratorium permit but that 
otherwise would participate in the groundfish fisheries in the EEZ 
(i.e., a moratorium-exempt vessel such as a processor, support vessel, 
and a small vessel). Federal groundfish permits would continue to be 
unlimited and issued without cost on receipt of an application. A 
moratorium permit would be required in lieu of a Federal groundfish 
permit for vessels subject to the moratorium. A vessel that intended to 
harvest moratorium crab species in the BSAI area would need a 
moratorium permit in addition to all permits and licenses required by 
the State of Alaska.
    An application for a moratorium permit could be submitted at any 
time. The permit would be valid only through December 31 of the year 
for which the permit is issued. NMFS expects that most moratorium 
permit applications would be submitted in November and December for the 
succeeding fishing year. An approved moratorium permit would be issued 
to the owner of a moratorium-qualified vessel after review and 
processing of the permit application. The moratorium permit application 
would be similar in form to the Federal groundfish application 
currently in use.
    The primary test for approval of a moratorium permit application 
for a vessel would be demonstration of the vessel's moratorium 
qualification and that its LOA is less than or equal to the maximum LOA 
associated with the moratorium qualification. As stated above, 
moratorium qualification would be assumed to remain with a vessel that 
made a legal landing of any moratorium species during the qualifying 
period. Otherwise, a valid contract or agreement to transfer a vessel's 
moratorium qualification or retain it when the vessel is transferred 
would be required to demonstrate ownership of the moratorium 
qualification. Determination of a vessel's maximum LOA would be based 
on Federal or state permit or registration documents dated on or before 
June 24, 1992 that demonstrate the original qualifying length of the 
vessel. If these documents are not available or contested, NMFS may 
request the vessel owner to produce marine survey, builders plans, or 
other third-party documentation of the vessel's length on or before 
June 24, 1992.
    An application for transfer of moratorium qualification or a 
moratorium permit also could be submitted at any time, and both 
applications could be submitted simultaneously. The primary test for 
approval of a transfer would be demonstration of agreement to the 
transfer by the owners and would-be receivers of the moratorium 
qualification/permit, and proof that the vessel that would receive the 
moratorium qualification/permit is less than or equal to the maximum 
LOA associated with the moratorium qualification.
    An initial administrative determination to deny the issuance of a 
moratorium permit would be explained in writing to the permit 
applicant, and the denial could be appealed following the procedures 
set forth at 50 CFR 676.25. A written appeal would have to be submitted 
to the Alaska Region, NMFS, within 60 days after the date that the 
determination was made. An initial administrative determination to deny 
an application for a permit would include a letter of authorization to 
the applicant authorizing the affected vessel to operate as if the 
application were approved pending appeal. The temporary authority 
granted by the letter of authorization would expire on the effective 
date of the final agency action on the appeal. The final agency action 
on the appeal, for purposes of judicial review, would occur at the end 
of the 60-day appeal period if no appeal were filed, or 30 days after 
the appellate officer's decision is issued, except as provided at 50 
CFR 676.25. No appeal is provided for a denial of a transfer of 
moratorium qualification or moratorium permit. The maximum LOA 
restrictions would be too easily circumvented and the purpose of the 
moratorium undermined, if appeals of transfer denials were allowed.

Classification

    Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish 
regulations proposed by a Council within 15 days of receipt of the 
amendment and regulations. At this time NMFS has not determined that 
the amendment these rules would implement is consistent with the 
national standards, other provisions of the Magnuson Act, and other 
applicable laws. NMFS, in making that determination, will take into 
account the data, views, and comments received during the comment 
period.
    The Assistant Administrator for Fisheries, NOAA, has determined 
that this proposed rule, if adopted, could have a significant economic 
impact on a substantial number of small entities. Based on the EA/RIR/
IRFA of the moratorium prepared by the Council, total participation in 
the moratorium fisheries for a given year is influenced 
[[Page 25683]] by the annual rate of entrance and exit of vessels. 
Although new entrants averaged nearly 900 vessels annually over the 
period 1977-91, total participation increased only 180 vessels per 
year, on average, because 500 to 1,000 vessels annually exited the 
fisheries.
    The revised moratorium proposal would reduce the potential fleet of 
vessels qualified to fish under the moratorium from 13,350 under the 
original proposal to 4,144 under the revised proposal. The number of 
qualifying vessels under the revised proposal is about 180 percent of 
the average number of vessels that operated in the affected fisheries 
each year 1988-91. Roughly 25 percent of this potential qualifying 
fleet is small vessels that would be exempted and permitted to operate 
in the moratorium fisheries, regardless of the moratorium. The proposed 
moratorium would prevent the participation of vessels that entered the 
affected fisheries for the first time between February 9, 1992, and the 
end of 1994, or that made landings only in the fixed-gear fisheries for 
halibut and sablefish. An estimated 973 vessels would not qualify for a 
moratorium permit for these reasons, unless they received transferred 
moratorium qualification. This number includes about 324 vessels that 
are 26 ft (7.9 m) in length or less that would be able to participate 
with a normal Federal groundfish permit. Large vessels over 90 ft (27.4 
m) in length have the greatest fish harvesting capacity, and the 
greatest potential impact on the fishery resources. About 28 large 
vessels that entered the fisheries after February 9, 1992, would not 
qualify for a moratorium permit. A copy of the EA/RIR/IRFA may be 
obtained (see ADDRESSES).
    This rule involves collection-of-information requirements subject 
to the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) that have been 
approved by the Office of Management and Budget (OMB) (OMB control 
number 0648-0282). This approval expires August 31, 1997, and was based 
on the original moratorium proposal submitted in 1994. The revised 
moratorium proposal would affect fewer vessels. Therefore, the 
paperwork burden would be somewhat less than originally estimated for 
the original collection-of-information request. These paperwork burdens 
include the time for reviewing the instructions, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information that pertains to permit, appeals, and 
transfer applications. Send comments regarding this paperwork burden 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, OMB, Washington, D.C. 20503 (ATTN: 
NOAA Desk Officer).
    This action has been determined to be not significant for purposes 
of E.O. 12866.

List of Subjects

50 CFR Part 671

    Fisheries, Fishing, Reporting and recordkeeping requirements.

50 CFR Parts 672 and 675

    Fisheries, Recordkeeping and reporting requirements.

50 CFR Part 676

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: May 9, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 671, 672, 
675, and 676 are proposed to be amended to read as follows:

PART 671--KING AND TANNER CRAB FISHERIES OF THE BERING SEA AND 
ALEUTIAN ISLANDS

    1. The authority citation for 50 CFR part 671 continues to read as 
follows:

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

    2. Section 671.2 is amended by adding the definitions for ``King 
crab'' and ``Tanner crab'', in alphabetical order, to read as follows:


Sec. 671.2  Definitions.

* * * * *
    King crab means red king crab, Paralithodes camtschatica; blue king 
crab, P. platypus; or brown (or golden) king crab, Lithodes aequispina; 
scarlet (or deep sea) king crab, L. couesi.
* * * * *
    Tanner crab means Chionoecetes bairdi; snow crab, C. opilio; 
grooved Tanner crab, C. tanneri; triangle Tanner crab, C. angulatus; or 
any hybrid of these Tanner crab species.
    3. Section 671.3 is added to read as follows:


Sec. 671.3  Relation to other laws.

    (a) Foreign fishing. Regulations governing foreign fishing for 
groundfish in the Gulf of Alaska are set forth at Sec. 611.92 of this 
chapter. Regulations governing foreign fishing for groundfish in the 
Bering Sea and Aleutian Islands Management Area are set forth at 
Sec. 611.93 of this chapter.
    (b) King and Tanner crab. Regulations governing the conservation 
and management of king and Tanner crab also are found in the Alaska 
Administrative Code at title 5, chapters 34, 35, and 39.
    (c) Halibut fishing. Regulations governing the conservation and 
management of Pacific halibut are set forth at part 301 of this title 
and part 676 of this chapter.
    (d) Domestic fishing for groundfish. Regulations governing the 
conservation and management of groundfish in the EEZ of the Gulf of 
Alaska and in the Bering Sea and Aleutian Islands Management area are 
set forth at parts 620, 672, 675, and 676 of this chapter.
    (e) Limited access. Regulations governing access to commercial 
fishery resources are set forth at part 676 of this chapter.
    (f) Marine mammals. Regulations governing exemption permits and the 
recordkeeping and reporting of the incidental take of marine mammals 
are set forth at Sec. 216.24 and part 229 of this title.
    (g) Research plan. Regulations governing elements of the North 
Pacific Fisheries Research Plan are set forth at part 677 of this 
chapter.
    4. Section 671.4 is revised to read as follows:


Sec. 671.4  Permits.

    This section is effective from January 1, 1996, through December 
31, 1998, unless otherwise specified. In addition to any other permits 
or licenses that may be required by Federal or state regulations, the 
owner of a vessel of the United States must obtain a moratorium permit 
issued under 50 CFR part 676 before using the vessel to catch and 
retain king or Tanner crab in the Bering Sea and Aleutian Islands Area 
unless specifically exempt under 50 CFR part 676.

PART 672--GROUNDFISH OF THE GULF OF ALASKA

    5. The authority citation for 50 CFR part 672 continues to read as 
follows:

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

    6. Section 672.3, paragraph (f) is added to read as follows:


Sec. 672.3  Relation to other laws.

* * * * *
    (f) Crab fishing. Regulations governing the conservation and 
management of king and Tanner crab in the Bering Sea and Aleutian 
Islands Area are set forth at parts 671 and 676 of this chapter, and 
[[Page 25684]] in the Alaska Administrative Code at title 5, chapters 
34, 35, and 39.
    7. Section 672.4, paragraph (a) is revised to read as follows:


Sec. 672.4  Permits.

    (a) General. This section is effective from January 1, 1996, 
through December 31, 1998, unless otherwise specified. Unless 
specifically exempt under 50 CFR part 676, the owner of a vessel of the 
United States must obtain a moratorium permit issued under 50 CFR part 
676 before using the vessel to conduct directed fishing for moratorium 
groundfish species, as defined at Sec. 676.2 of this chapter, in the 
Gulf of Alaska. The owner of a vessel of the United States that is not 
required to have a moratorium permit because the vessel is specifically 
exempt under Sec. 676.3 of this chapter must obtain a groundfish permit 
issued under this part before using the vessel to fish for groundfish 
in the Gulf of Alaska. Such permits shall be issued without charge.
* * * * *

PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA

    8. The authority citation for 50 CFR part 675 continues to read as 
follows:

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

    9. Section 675.3, paragraph (f) is added to read as follows:


Sec. 675.3  Relation to other laws.

* * * * *
    (f) Crab fishing. Regulations governing the conservation and 
management of king and Tanner crab in the Bering Sea and Aleutian 
Islands Area are set forth at parts 671 and 676 of this chapter, and in 
the Alaska Administrative Code at title 5, chapters 34, 35, and 39.
    10. Section 675.4(a) is revised to read as follows:


Sec. 675.4  Permits.

    (a) General. This section is effective from January 1, 1996, 
through December 31, 1998, unless otherwise specified. The owner of a 
vessel of the United States must obtain a moratorium permit issued 
under 50 CFR part 676 before the vessel is used to conduct directed 
fishing for moratorium groundfish species, as defined at Sec. 676.2 of 
this chapter, in the Bering Sea and Aleutian Islands management area, 
unless specifically exempt under Sec. 676.3 of this chapter. The owner 
of a vessel of the United States that is not required to have a 
moratorium permit because the vessel is specifically exempt under 
Sec. 676.3 of this chapter must obtain a groundfish permit issued under 
this part before using the vessel to fish for groundfish in the Bering 
Sea and Aleutian Islands management area. Such permits shall be issued 
without charge.
* * * * *

PART 676--LIMITED ACCESS MANAGEMENT OF FEDERAL FISHERIES IN AND OFF 
ALASKA

    11. The authority citation for part 676 continues to read as 
follows:

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

    12. Subpart A is amended by adding Secs. 676.1 through 676.6 to 
read as follows:

Subpart A--Moratorium on Entry

Sec.
676.1  Purpose and scope.
676.2  Definitions.
676.3  Moratorium permits.
676.4  Transfer of moratorium permits.
676.5  Permit application procedure.
676.6  Prohibitions.
676.7-676.9  [Reserved]

Subpart A--Moratorium on Entry


Sec. 676.1  Purpose and scope.

    This subpart is effective from [date 30 days after date of 
publication of the final rule in the Federal Register], through 
December 31, 1998.
    (a) This subpart implements a vessel moratorium program developed 
by the North Pacific Fishery Management Council and approved by NMFS.
    (b) Regulations in this subpart govern:
    (1) The issuance of Federal moratorium permits to limit the number 
and size of vessels in the commercial fisheries for groundfish in that 
portion of the Gulf of Alaska and Bering Sea and Aleutian Islands 
management area over which the United States exercises exclusive 
fishery management authority; and
    (2) The issuance of Federal moratorium permits to limit the number 
and size of vessels in the commercial fisheries for king and Tanner 
crabs in that portion of the Bering Sea and Aleutian Islands Area over 
which the United States exercises exclusive fishery management 
authority.


Sec. 676.2  Definitions.

    In addition to the terms in the Magnuson Act and in parts 620, 671, 
672, and 675 of this chapter, the terms in this subpart have the 
following meanings:
    Catcher vessel means, with respect to moratorium groundfish 
species, a vessel as defined at parts 672 and 675 of this chapter, or a 
vessel that is used to catch, take, or harvest moratorium crab species 
that are retained on board as fresh fish product at any time.
    Catcher/processor vessel means a vessel that can be used as a 
catcher vessel and can process or prepare fish to render it suitable 
for human consumption, industrial use, or long-term storage, including, 
but not limited to, cooking, canning, smoking, salting, drying, 
freezing, and rendering into meal or oil, but does not include heading 
and gutting unless additional preparation is done.
    Directed fishing means, with respect to moratorium groundfish 
species, directed fishing as defined at parts 672 and 675 of this 
chapter, or the catching and retaining of any moratorium crab species.
    Legal landing means any amount of a moratorium species that was or 
is landed in compliance with Federal and state regulations in effect at 
the time of the landing.
    LOA means length overall as defined at parts 672 and 675 of this 
chapter.
    Lost or destroyed vessel means a vessel that has sunk at sea or has 
been destroyed by fire or other type of physical damage and is listed 
on the U.S. Coast Guard Report of Marine Casualty, Form 2692.
    Maximum LOA with respect to a vessel means the greatest LOA of that 
vessel or its replacement that may qualify it to use a moratorium 
permit to catch and retain moratorium crab species or conduct directed 
fishing for moratorium groundfish species during the moratorium, except 
as provided at Sec. 676.4(d). The maximum LOA of a vessel with 
moratorium qualification will be determined by the Regional Director as 
follows:
    (1) For a vessel with moratorium qualification that is less than 
125 ft (38.1 m) LOA, the maximum LOA will be equal to 1.2 times the 
vessel's original qualifying length or 125 ft (38.1 m), which ever is 
less; and
    (2) For a vessel with moratorium qualification that is equal to or 
greater than 125 ft (38.1 m), the maximum LOA will be equal to the 
vessel's original qualifying length.
    Moratorium crab species means species of king or Tanner crabs 
harvested in the Bering Sea and Aleutian Islands Area, the commercial 
fishing for which is governed by part 671 of this chapter.
    Moratorium groundfish species means species of groundfish, except 
sablefish caught with fixed gear as defined at Sec. 676.11, harvested 
in the Gulf of Alaska or harvested in the Bering Sea and Aleutian 
Islands management area, the commercial fishing for which is 
[[Page 25685]] governed by parts 672 and 675 of this chapter, 
respectively.
    Moratorium permit means a transferrable permit or license that 
authorizes a vessel to fish for moratorium species in the Gulf of 
Alaska or the Bering Sea and Aleutian Islands management area.
    Moratorium qualification means a transferrable prerequisite for a 
moratorium permit. A vessel may be considered to have ``moratorium 
qualification'' if it made a legal landing of a moratorium species 
during the qualifying period.
    Moratorium species means any moratorium crab species or moratorium 
groundfish species.
    Original qualifying length with respect to a vessel means the LOA 
of the vessel on or before June 24, 1992.
    Person means any individual who is a citizen of the United States 
or any United States corporation, partnership, association, or other 
entity (or its successor in interest), whether or not organized or 
existing under the laws of any state.
    Qualifying period means the period of time from January 1, 1988, 
through February 9, 1992.
    Regional Director means the Director, Alaska Region, NMFS, or an 
individual to whom the Regional Director has delegated authority.


Sec. 676.3  Moratorium permit.

    (a) General. The owner of a vessel of the United States must obtain 
a moratorium permit issued under this subpart before using the vessel 
to catch and retain any moratorium crab species or before using the 
vessel to conduct directed fishing for any moratorium groundfish 
species. A moratorium permit required by this section is in addition to 
any other permit or license required by Federal or state regulations.
    (1) A moratorium permit issued under this part is valid only if:
    (i) The permit is on board the vessel to which it is assigned at 
all times when the vessel is fishing for any moratorium species;
    (ii) The permit has at least one endorsement authorizing the use of 
a specific type of fishing gear;
    (iii) The vessel to which the permit is assigned has on board no 
fishing gear other than the type of gear authorized by permit 
endorsement;
    (iv) The vessel to which the permit is assigned is fishing for a 
moratorium species during an open fishing season for that species in 
the fishing year for which the permit is issued; and
    (v) The permit is not revoked, suspended, or modified under 15 CFR 
part 904 (Civil procedures).
    (2) A moratorium permit must be presented for inspection on request 
of any authorized officer.
    (b) Exceptions. A vessel within one of the following categories is 
not required to have on board a moratorium permit required under 
paragraph (a) of this section and may catch and retain moratorium 
species during the effective dates of the moratorium in compliance with 
the permit or license requirements of the State of Alaska with respect 
to moratorium crab species, Federal permit requirements at parts 672 
and 675 of this chapter with respect to moratorium groundfish species, 
and other applicable Federal and state regulations:
    (1) A vessel other than a catcher vessel or catcher/processor 
vessel;
    (2) A catcher vessel or catcher/processor vessel that conducts 
directed fishing for groundfish in the Gulf of Alaska and does not 
exceed 26 ft (7.9 m) LOA;
    (3) A catcher vessel or catcher/processor vessel that catches and 
retains moratorium crab species or that conducts directed fishing for 
moratorium groundfish species in the Bering Sea and Aleutian Islands 
area and does not exceed 32 ft (9.8 m) LOA;
    (4) A catcher vessel or catcher/processor vessel that is catching 
IFQ halibut or IFQ sablefish or halibut or sablefish under the Western 
Alaska Community Development Quota Program in accordance with 
regulations at subparts B and C of this part and that is not directed 
fishing for any moratorium species; or
    (5) A catcher vessel or catcher/processor vessel that, after 
November 18, 1992, is specifically constructed for and used in 
accordance with a Community Development Plan approved by the Secretary 
under Sec. 675.27 of this chapter, is designed and equipped to meet 
specific needs that are described in the Community Development Plan, 
and does not exceed 125 ft (38.1 m) LOA.
    (c) Moratorium permit qualification. Any vessel that was used to 
make a legal landing of any amount of any moratorium species during the 
qualifying period shall be a vessel with moratorium qualification and 
may be eligible to receive a moratorium permit, if:
    (1) The vessel does not exceed its maximum LOA;
    (2) The vessel is greater than 26 ft (7.9 m) LOA and is used to 
conduct directed fishing for moratorium groundfish species in the Gulf 
of Alaska;
    (3) The vessel is greater than 32 ft (9.8 m) LOA and is used to 
conduct directed fishing for moratorium groundfish species in the 
Bering Sea and Aleutian Islands management area; and
    (4) The moratorium qualification for the vessel has not been 
transferred to another vessel.
    (d) Moratorium permit endorsements. A moratorium permit is not 
valid unless the permit has at least one endorsement authorizing the 
use of a type of fishing gear specified in this paragraph. Authorized 
fishing gear for the Bering Sea and Aleutian Islands crab fisheries is 
defined in the Alaska Administrative Code at title 5, chapters 34 and 
35; authorized fishing gears for the Gulf of Alaska and the Bering Sea 
and Aleutian Islands groundfish fisheries are defined at part 672 of 
this chapter. Any one or a combination of the following fishing gear 
endorsements may be included in a moratorium vessel permit:
    (1) Trawl, includes pelagic and nonpelagic trawl gears;
    (2) Pot, includes longline pot and pot-and-line gears; and/or
    (3) Hook, includes hook-and-line and jig gears.
    (e) Gear endorsement criteria. A vessel with moratorium 
qualification shall be issued a moratorium permit with one or more gear 
endorsement(s) based on the gear endorsement criteria in this 
paragraph. For purposes of this paragraph, the qualifying period is 
``period 1,'' and the period of time from February 10, 1992, through 
December 11, 1994, is ``period 2.''
    (1) Crab/pot permit. A vessel is eligible to receive a moratorium 
permit for the crab fisheries with a pot gear endorsement if the 
vessel:
    (i) Made a legal landing of a moratorium crab species in period 1;
    (ii) Made a legal landing of a moratorium groundfish species with 
any authorized fishing gear in period 1, and, in period 2, made a legal 
landing of a moratorium crab species; or
    (iii) Made a legal landing of moratorium groundfish in period 1 
with pot gear.
    (2) Groundfish/trawl permit. A vessel is eligible to receive a 
moratorium permit for the groundfish fisheries with a trawl gear 
endorsement if the vessel:
    (i) Made a legal landing of a moratorium groundfish species with 
any authorized fishing gear in period 1; or
    (ii) Made a legal landing of a moratorium crab species in period 1, 
and, in period 2, made a legal landing of a moratorium groundfish 
species using trawl gear.
    (3) Groundfish/pot permit. A vessel is eligible to receive a 
moratorium permit for the groundfish fisheries with a pot gear 
endorsement if the vessel: [[Page 25686]] 
    (i) Made a legal landing of a moratorium groundfish species with 
any authorized fishing gear in period 1; or
    (ii) Made a legal landing of a moratorium crab species in period 1.
    (4) Groundfish/hook permit. A vessel is eligible to receive a 
moratorium permit for the groundfish fisheries with a hook gear 
endorsement if the vessel:
    (i) Made a legal landing of a moratorium groundfish species with 
any authorized fishing gear in period 1; or
    (ii) Made a legal landing of a moratorium crab species in period 1, 
and, in period 2, made a legal landing of a moratorium groundfish 
species using hook gear.


Sec. 676.4  Transfer of moratorium permit.

    (a) General. A transfer of a vessel's moratorium qualification or 
its moratorium permit is not valid unless it is approved by the 
Regional Director. Gear or species endorsement(s) are not severable 
from the permit in which the endorsement(s) is included. A moratorium 
permit transfer will not be approved without a coincident transfer of 
the moratorium qualification on which the permit is based. A transfer 
will not be approved by the Regional Director unless:
    (1) A complete transfer application that satisfies all requirements 
specified at Sec. 676.5 is submitted; and
    (2) The vessel that would be receiving the transferred moratorium 
qualification or permit does not exceed the maximum LOA of the vessel 
relinquishing the moratorium qualification or permit.
    (b) Lost or destroyed vessel. (1) The moratorium qualification of a 
vessel that was lost or destroyed before January 1, 1989, is null and 
void, unless the vessel is salvaged, and:
    (i) The salvaged vessel does not exceed its maximum LOA;
    (ii) Salvage of the vessel began on or before June 24, 1992; and
    (iii) The salvaged vessel is used to make a legal landing of a 
moratorium species on or before [insert date 2 years after the 
effective date of this final rule.].
    (2) The moratorium qualification of any vessel that was lost or 
destroyed on or after January 1, 1989, and subsequently salvaged, is 
valid and a moratorium permit may be issued to the owner of the 
salvaged vessel providing:
    (i) The moratorium qualification of the salvaged vessel has not 
been transferred to a different vessel; and
    (ii) The salvaged vessel does not exceed its maximum LOA.
    (c) The moratorium qualification of any vessel that was lost or 
destroyed on or after January 1, 1989, may be transferred with approval 
of the Regional Director under the following conditions:
    (1) The moratorium qualification of any vessel that was lost or 
destroyed on or after January 1, 1989, but before the effective date of 
the moratorium may be transferred to another vessel providing that 
vessel:
    (i) Does not exceed the maximum LOA of the vessel with moratorium 
qualification; and

    (ii) Makes a legal landing of a moratorium species on or before 
[date 2 years after the effective date of this final rule].
    (2) The moratorium qualification of any vessel that is lost or 
destroyed at any time after the effective date of the moratorium may be 
transferred to another vessel providing that vessel does not exceed the 
maximum LOA of the vessel with moratorium qualification.
    (d) Reconstruction. The moratorium qualification or moratorium 
permit for a vessel is null and void if at any time after June 24, 
1992, the LOA of the vessel is increased to exceed the vessel's maximum 
LOA. Any vessel that is reconstructed such that the LOA of the vessel 
exceeds its maximum LOA may retain its moratorium qualification or 
moratorium permit if:
    (1) Reconstruction of the vessel began before June 24, 1992 and was 
completed after that date;
    (2) The revised maximum LOA of the vessel is approved by the 
Regional Director as equal to the LOA of the reconstructed vessel; and
    (3) A transfer of the vessel's moratorium qualification or 
moratorium permit to the reconstructed vessel is approved by the 
Regional Director pursuant to Sec. 676.4.


Sec. 676.5  Permit application procedure.

    (a) General. An application for a moratorium vessel permit may be 
requested from the Restricted Access Management Division, Alaska 
Region, National Marine Fisheries Service, P.O. Box 21668, Juneau, AK 
99802-1668. Requests may be made by telephone by calling 907-586-7202 
or 800-304-4846.
    (b) Application for permit. With respect to any vessel, a 
moratorium permit will be issued to any person who is the owner of the 
vessel at the time of the permit application, and who has submitted, to 
the address in paragraph (a) of this section, a complete moratorium 
permit application that is subsequently approved by the Regional 
Director. A complete application for a moratorium vessel permit must 
include the following information for each vessel for which a permit is 
requested:
    (1) Name of the vessel for which a permit is requested, state 
registration number of the vessel and, if documented, the U.S. Coast 
Guard documentation number of the vessel;
    (2) Name(s), business address(es), and telephone and fax numbers of 
the person who is the owner of the vessel;
    (3) Name(s), business address(es), and telephone and fax numbers of 
the person responsible for the operation of the vessel, if different 
from the owner;
    (4) Valid documentation of the vessel's moratorium qualification if 
requested by the Regional Director due to an absence of landings 
records for the vessel during the qualifying period;
    (5) Documentation of the vessel's original qualifying length if 
requested by the Regional Director or contested, such as a vessel 
survey, builder's plan, state or Federal registration certificate, 
fishing permit records, or other reliable and probative documents that 
clearly identify the vessel and are dated before June 24, 1992;
    (6) Specification of the fishing gear(s) used during the moratorium 
qualifying period and (if necessary) the fishing gear(s) used during 
the period of time from February 10, 1992 through December 11, 1994;
    (7) Specification of the vessel as either a catcher vessel or a 
catcher/processor vessel;
    (8) If applicable, transfer authorization if a permit request is 
based on transfer of moratorium qualification pursuant to paragraph (c) 
of this section; and
    (9) Signature of the person who is the owner of the vessel or the 
person who is responsible for representing the vessel owner.
    (c) Application for transfer. An application for transfer of 
moratorium qualification or a moratorium permit must be completed by 
the applicant(s) and approved by the Regional Director before an 
application for a moratorium permit can be approved. An application for 
transfer and an application for a moratorium permit may be submitted 
simultaneously. A complete application for transfer must include the 
following information as applicable for each vessel from which 
moratorium qualification or a moratorium permit is requested to be 
transferred:
    (1) Name(s), business address(es), and telephone and fax numbers of 
the applicant(s) including the owners of the moratorium qualification 
or moratorium permit that is to be transferred and the persons who 
would receive the transferred moratorium qualification or moratorium 
permit;
    (2) Name of the vessel with moratorium qualification or moratorium 
[[Page 25687]] permit and the name of the vessel that would receive the 
moratorium qualification or moratorium permit (if any), the state 
registration number of each vessel and, if documented, the U.S. Coast 
Guard documentation number of each vessel;
    (3) The original qualifying length of the vessel with moratorium 
qualification, its current LOA, and its maximum LOA;
    (4) The LOA of the vessel that would receive the transferred 
moratorium qualification and documentation of that LOA by a current 
vessel survey or other reliable and probative document;
    (5) A legible copy of a contract or agreement specifying the vessel 
or person from which moratorium qualification or moratorium permit is 
requested to be transferred, the date of the transfer agreement, and 
names and signatures of all current owners of the of the vessel with 
moratorium qualification, the moratorium qualification, or the 
moratorium permit, and the applicant;
    (6) With regard to a vessel reconstruction:
    (i) A legible copy of written contracts or written agreements with 
the firm that performed reconstruction of the vessel and that relate to 
that reconstruction;
    (ii) An affidavit signed by the vessel owner(s) and the owner/
manager of the firm that performed the vessel reconstruction specifying 
the beginning and ending dates of the reconstruction; and
    (iii) An affidavit signed by the vessel owner(s) specifying the LOA 
of the reconstructed vessel;
    (7) With regard to vessels lost or destroyed, a copy of U.S. Coast 
Guard Form 2692, Report of Marine Casualty; and
    (8) Signatures of the persons from whom moratorium qualification or 
moratorium permit would be transferred or their representative and the 
persons who would receive the transferred moratorium qualification or 
moratorium permit or their representative.
    (d) Appeal. (1) The Regional Director, or his or her appointee, 
will issue an initial administrative determination to each applicant 
who is denied a moratorium vessel permit by that official. An initial 
administrative determination may be appealed by the applicant in 
accordance with Sec. 676.25. The initial administrative determination 
will be the final agency action for purposes of judicial review if a 
written appeal is not received by the Regional Director within the 
period specified at Sec. 676.25(d).
    (2) An initial administrative determination that denies an 
application for a moratorium vessel permit must authorize the affected 
vessel to catch and retain moratorium crab or moratorium groundfish 
species with the type of fishing gear specified on the application. The 
authorization expires on the effective date of the final agency action 
relating to the application.


Sec. 676.6  Prohibitions.

    In addition to the prohibitions specified in Secs. 620.7, 672.7, 
675.7, and 676.16 of this chapter, it is unlawful for any person to:
    (a) Submit false or inaccurate information on a moratorium vessel 
permit application or application to transfer moratorium qualification 
or a moratorium vessel permit;
    (b) Alter, erase, or mutilate any moratorium vessel permit;
    (c) Catch and retain a moratorium species with a vessel that has a 
LOA greater than the maximum LOA for the vessel;
    (d) Catch and retain a moratorium species with a vessel that has 
received an unauthorized transfer of moratorium qualification;
    (e) Catch and retain moratorium crab species or conduct directed 
fishing for any moratorium groundfish species with a vessel that has 
not been issued a valid moratorium vessel permit, unless the vessel is 
lawfully conducting directed fishing for sablefish under subparts B and 
C of this part;
    (f) Catch and retain moratorium crab species or conduct directed 
fishing for any moratorium groundfish species with a vessel that does 
not have a valid moratorium vessel permit on board, unless the vessel 
is lawfully conducting directed fishing for sablefish under subparts B 
and C of this part; and
    (g) Violate any other provision of subpart A of this part.


Secs. 676.7-676.9  [Reserved]

[FR Doc. 95-11777 Filed 5-11-95; 8:45 am]
BILLING CODE 3510-22-F