[Federal Register Volume 66, Number 98 (Monday, May 21, 2001)]
[Rules and Regulations]
[Pages 27908-27911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12745]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 001108316-1083-02; I.D. 060600B]
RIN 0648-AK50


Fisheries of the Exclusive Economic Zone Off Alaska; Improved 
Individual Fishing Quota Program

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

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule to amend regulations implementing the 
Individual Fishing Quota (IFQ) Program for the Pacific halibut and 
sablefish fixed gear fisheries in and off Alaska. NMFS has identified 
parts of the program that need further refinement or correction for 
effective management of the affected fixed gear fisheries. This action 
is intended to effect those refinements and is necessary to further the 
objectives of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act) with respect to the IFQ fisheries.

DATES: Effective June 20, 2001, except for the gear type data element 
of Secs. 679.5(l)(2)(vi) and 679.42 (j)(6), which are not effective 
until the Office of Management and Budget (OMB) approves the 
information collection requirements contained in those sections. NMFS 
will announce the effective date for those sections by publication in 
the Federal Register.
    Comments on the information collections must be received by June 
20, 2001.

ADDRESSES: Copies of the Regulatory Impact Review/Supplementary Final 
Regulatory Flexibility Analysis may be obtained from Sue Salveson, 
Assistant Regional Administrator for Sustainable Fisheries, Alaska 
Region, NMFS, Room 453, 709 West 9th Street, Juneau, AK 99801, or P.O. 
Box 21668, Juneau, AK 99802, (Attn: Lori J. Gravel). Send comments on 
the information collections to NMFS and to OMB at the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC 20503 (Attn: NOAA Desk Officer).

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

SUPPLEMENTARY INFORMATION:

Background

    Regulations codified at 50 CFR part 679 implement the IFQ Program, 
a limited access system for management of the Pacific halibut 
(Hippoglossus stenolepis) and sablefish (Anoplopoma fimbria) fixed gear 
fisheries in and off Alaska, under the authority of the Halibut Act 
with respect to halibut and the Magnuson-Stevens Act with respect to 
sablefish. Further information on the rationale for and implementation 
of the IFQ Program is codified in the final rule published in the 
Federal Register, November 9, 1993 (58 FR 59375).
    NMFS' continuing assessment of the IFQ Program's responsiveness to 
conservation and management goals for Pacific halibut and sablefish 
fisheries has produced two ``omnibus'' packages of IFQ regulatory 
reforms since the inception of the program (60 FR 22307, May 5, 1995; 
61 FR 41523, August 9, 1996). This final rule, the third such 
``omnibus'' package of regulatory changes to the IFQ Program, amends 
various portions of the program's implementing regulations. These 
changes are necessary to promote the ability of fishermen to conduct 
IFQ fishing operations more efficiently, to enhance NMFS' ability to 
administer the program, and to improve the clarity and consistency of 
IFQ Program regulations.
    This final rule makes the following changes to the IFQ regulations: 
(1) In Sec. 679.1 Purpose and scope, adds an explicit reference to the 
Halibut Act, under which regulations in this part regarding the Pacific 
halibut fishery were developed, and in Sec. 679.1(d) revise ``IFQ 
management plan'' to read ``IFQ management measures'' to prevent any 
inference that the IFQ Program is itself a ``fishery management plan'' 
as that term is used in the Magnuson-Stevens Act; (2) amends the 
requirements for IFQ fishermen participating in open-access sablefish 
fisheries in Alaska State waters; (3) adds nomenclature to reflect 
organizational changes in NMFS' Restricted Access Management (RAM) 
program; (4) amends the definition of an IFQ landing to include vessels 
that are removed from the water and put on trailers; (5) removes the 
reference to an ``accompanying statement'' establishing IFQ balances; 
(6) adds an exemption for lingcod fishermen using dinglebar gear from 
the IFQ 6-hour prior notice of landing and 12-hour landing window 
requirements; (7) adds gear type to the information required on a 
completed IFQ landing report; (8) amends the information required for a 
shipment report to clarify which registered buyer, in landings 
involving multiple registered buyers, is responsible for compliance 
with shipment report requirements; (9) makes minor corrections to 
errors arising from the consolidation of regulations; (10) amends the 
survivorship transfer provisions to allow the temporary transfer of a 
deceased QS holder's QS and IFQ to a designated beneficiary and revise 
a paragraph on an IFQ leasing provision that expired in 1998; (11) 
amends the limitations on the use of QS and IFQ to require annual 
updates on the status of corporations, partnerships, and other 
collective entities holding QS; (12) amends the submission of appeals 
to allow appeals to initial administrative decisions to be submitted by 
facsimile machine; and (13) amends reporting requirements for 
consistency with the Paperwork Reduction Act (PRA).
    A detailed discussion of each of these changes may be found in the 
preamble to the proposed rule published December 14, 2000, at 65 FR 
78126.
    NMFS invited public comment on the changes contained in this action 
through January 16, 2001. No comments were received, and NMFS publishes 
this rule unchanged from the proposed rule.
    This rule revises regulations pertaining to certain IFQ forms and 
reports to clarify further the data required of the public in these 
collections of information. Two of the collections of information 
contained in this final rule have not yet been authorized by OMB 
pursuant to the PRA. The pertinent collections of information are the 
addition of ``gear type'' to information required in a completed IFQ 
Landing Report at Sec. 679.5 (l)(2) and the addition of a requirement 
that a corporation, partnership, and other collective entity holding QS 
submit annual updates on the status of the collective entity as such at 
Sec. 679.42 (j)(5).

Classification

    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 Paperwork Reduction Act (PRA), unless that 
collection displays a currently valid OMB control number.
    This final rule contains collection-of-information requirements 
subject to the PRA and which have been approved by OMB under OMB 
control number 0648-0272. These requirements and their

[[Page 27909]]

associated burden estimates per response are: Landing Report (12 
minutes); request for QS Application (30 minutes for an individual, 1 
hour for an existing corporation, 2 hours for a dissolved corporation, 
and 2 hours for a vessel); IFQ Vessel Clearance Report (12 minutes); 
IFQ Shipment Report (18 minutes): IFQ Transshipment Authorization 
Request (12 minutes); QS Designated Beneficiary Form (1 hour); QS/IFQ 
Transfer Application (2 hours); and Letter of Appeal (4 hours).
    This rule also contains new collection-of-information requirements, 
which have been or will be submitted to OMB for approval, and which are 
not effective at this time (see the DATES section). These two 
requirements are the addition of a gear type data element to the 
landing report (not expected to alter the estimated 12 minutes response 
time for the report) and a new requirement for annual updates of 
identification of current shareholders or partners (30 minutes).
    Comments are invited on (a) whether the proposed collections of 
information are necessary for the proper performance of the functions 
of the agency, including whether the information shall have a practical 
utility; (b) the accuracy of the agency's estimate of the burden of the 
proposed collections of information; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (d) ways 
to minimize the burden of the collections of information on 
respondents, including through use of automated collection techniques 
or other forms of information technology. Send comments on these or 
other aspects of the information collections to NMFS (see ADDRESSES) 
and to OMB at the Office of Information and Regulatory Affairs, Office 
of Management and Budget, Washington, DC 20503 (Attn: NOAA Desk 
Officer).
    Other collections of information in this rule have been approved by 
the OMB under OMB control number 0648-0272. These new information 
requirements comprise the following additions and revisions to the IFQ 
recordkeeping and reporting requirements: Request for QS Application; 
IFQ Vessel Clearance Report; IFQ Shipment Report; IFQ Transshipment 
Authorization Request; QS Designated Beneficiary Form; QS/IFQ Transfer 
Application; and the Letter of Appeal.
    NMFS prepared a final regulatory flexibility analysis to describe 
this final rule's potential economic effects on small entities. The 
reporting burden of this action is identified in this final rule. Seven 
changes were made to clarify the regulations and improve regulatory 
language to avoid potential confusion for the affected small entities. 
Allowing QS holders to designate a beneficiary to receive temporary 
transfer privileges provides a benefit to the families of QS holders 
with a minimal burden of filling out an application form. Allowing 
administrative appeals to be submitted by facsimile machine will reduce 
the burden of submitting an appeal on the affected families. Requiring 
an annual update on the status of corporations, partnerships, or other 
non-individual entities is necessary to ensure that QS are not 
erroneously issued because of changes in these non-individual entities, 
which requires an increase in the burden to such entities because of 
annual submissions. Requiring the addition of gear type to landing 
reports is necessary for the management of the IFQ program, which is 
limited to certain gear types, makes a negligible increase to the 
burden of QS holders. Extending the exemption to the 6-hour prior 
notice of landing report and the 12-hour landing requirements to 
lingcod dinglebar gear troll fishermen will make it easier for them to 
land small incidental catches of halibut. Prohibiting the removal from 
the water of a vessel containing IFQ harvests enhance NMFS' monitoring 
IFQ landings to ensure accurate accounting of harvests against QS 
balances will cause inconvenience to some IFQ fishermen by requiring a 
6-hour delay before offloading their harvest at the dock. The 
amendments to this final rule are expected to have minimal impact on 
the 1,677 unique persons holding halibut QS and the 897 unique persons 
holding sablefish QS, all of whom are assumed to be small entities.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 50 CFR Part 679

    Fisheries, Reporting and recordkeeping requirements.

    Dated: May 15, 2001.
Clarence Pautzke,
Acting Deputy Assistant Administrator for Fisheries, National Marine 
Fisheries Service.

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

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

    1. The authority citation for 50 CFR part 679 continues to read as 
follows:

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

    2. In part 679, all references to ``Chief, RAM Division'' are 
removed and ``Program Administrator, RAM'' is added in its place.

    3. In Sec. 679.1, the first sentence of the introductory paragraph, 
paragraph (d), and paragraph (d)(1)(i)(B) are revised to read as 
follows:


Sec. 679.1  Purpose and scope.

    Regulations in this part were developed by the Council under the 
Magnuson-Stevens Fishery Conservation and Management Act and the 
Northern Pacific Halibut Act. * * *
* * * * *
    (d) IFQ Program for sablefish and halibut. The IFQ management 
measures for the commercial fisheries that use fixed gear to harvest 
sablefish and halibut (see subparts A, B, D, and E of this part).
    (1) * * *
    (i) * * *
    (B) Using fixed gear in waters of the State of Alaska adjacent to 
the BSAI and the GOA, provided that aboard such vessels are persons who 
currently hold quota shares, IFQ permits, or IFQ cards.
* * * * *

    4. In Sec. 679.2, the definition of ``Chief, RAM Division'' is 
removed, the definition of ``IFQ landing'' is revised, the definition 
of ``Program Administrator, RAM'' is added, and, under the definition 
of ``Authorized fishing gear,'' paragraphs (A)(1) through (15) are 
redesignated as paragraphs (2) through (16), newly designated paragraph 
(16) is revised, and a new paragraph (1) is added to read as follows:


Sec. 679.2  Definitions.

* * * * *
    Authorized fishing gear * * *
* * * * *
    (1) Dinglebar gear means one or more lines retrieved and set with a 
troll gurdy or hand troll gurdy, with a terminally attached weight from 
which one or more leaders with one or more lures or baited hooks are 
pulled through the water while a vessel is making way.
* * * * *
    (16) Troll gear means one or more lines with hooks or lures 
attached drawn through the water behind a moving vessel. This gear type 
includes hand troll and power troll gear and dinglebar gear.
* * * * *
    IFQ landing means the unloading or transferring of any IFQ halibut, 
IFQ sablefish, or products thereof from the vessel that harvested such 
fish or the removal from the water of a vessel

[[Page 27910]]

containing IFQ halibut, IFQ sablefish, or products thereof.
* * * * *
    Program Administrator, RAM means the Program Administrator of 
Restricted Access Management Program, Alaska Region, NMFS.
* * * * *

    5. In Sec. 679.4, paragraph (d)(1)(i) is revised to read as 
follows:


Sec. 679.4  Permits.

* * * * *
    (d) IFQ--(1) * * *
    (i) IFQ permit. A copy of an IFQ permit that specifies the IFQ 
regulatory area and vessel category in which IFQ halibut or IFQ 
sablefish may be harvested by the IFQ permit holder; and
* * * * *

    6. In Sec. 679.5(l), paragraphs (l)(1)(iv), (l)(2)(iv)(A)(2), 
(l)(2)(vi), (l)(3)(i)(A), (l)(3)(ii), (l)(4), and (l)(5)(i) are revised 
to read as follows:


Sec. 679.5  Recordkeeping and reporting.

* * * * *
    (l) * * *
    (1) * * *
    (iv) Exemption. The operator of a category B, C, or D vessel, as 
defined at Sec. 679.40 (a)(5), making an IFQ landing of IFQ halibut of 
500 lb (0.227 mt) or less of weight determined pursuant to 
Sec. 679.42(c)(2) is exempt from the prior notice of landing required 
by this section when such landings of IFQ halibut are made concurrent 
with legal landings of lingcod harvested with dinglebar gear or with 
legal landings of salmon.
* * * * *
    (2) * * *
    (iv) * * *
    (A) * * *
    (2) IFQ halibut of 500 lb (0.227 mt) or less of IFQ weight 
determined pursuant to Sec. 679.42 (c)(2) is landed concurrently with a 
legal landing of lingcod harvested with dinglebar gear or a legal 
landing of salmon by a category B, C, or D vessel, as defined at 
Sec. 679.40 (a)(5).
* * * * *
    (vi) Information required. The registered buyer must enter accurate 
information contained in a complete IFQ landing report as follows: 
Date, time, and location of the IFQ landing; name and permit number of 
the IFQ card holder and registered buyer; the harvesting vessel's ADF&G 
number; gear type reported by cardholder; the Alaska State fish ticket 
number(s) for the landing; the ADF&G statistical area of harvest 
reported by the IFQ cardholder; if ADF&G statistical area is bisected 
by a line dividing two IFQ regulatory areas, the IFQ regulatory area of 
harvest reported by the IFQ cardholder; for each ADF&G statistical area 
of harvest reported by the IFQ cardholder, the product code landed and 
initial accurate scale weight made at the time offloading commences for 
IFQ species sold and retained.
    (3) * * *
    (i) * * *
    (A) Complete a written shipment report for each shipment or 
transfer of IFQ halibut and IFQ sablefish for which the Registered 
Buyer submitted a landing report before the fish leave the landing 
site.
* * * * *
    (ii) Information required. A shipment report must specify the 
following: Whether the report is a revised report; species and product 
type being shipped; number of shipping units and unit weight; fish 
product weight; names of the shipper and receiver; names and addresses 
of the consignee and consignor; mode of transportation; intended route; 
and signature of the responsible registered buyer's representative.
* * * * *
    (4) Transshipment authorization. No person may transship processed 
IFQ halibut or IFQ sablefish between vessels without authorization by a 
clearing officer. Authorization from a clearing officer must be 
obtained for each instance of transshipment at least 24 hours before 
the transshipment is intended to commence. Requests for authorization 
must specify the date and location of the transshipment; names and 
ADF&G numbers of vessels delivering and receiving the transshipment; 
product destination; registered buyers' names and permit numbers; IFQ 
permit numbers; species, regulatory areas, product types and codes, 
number of units, and unit weight of IFQ harvests being transshipped; 
time and date of the request; and name and contact numbers for the 
person making the request.
    (5) * * *
    (i) Applicability. The vessel operator who makes an IFQ landing at 
any location other than in an IFQ regulatory area or in the State of 
Alaska must obtain prelanding written clearance of the vessel from a 
clearing officer and provide the following information: Date, time, and 
location of clearance; vessel name and ADF&G and IPHC numbers; 
homeport; Federal Fisheries Permit number; IFQ permit numbers; 
registered buyer permit number; IFQ cardholder name; date, time, and 
location of landing; areas fished and estimated weight of harvests by 
species; and registered buyer's signature.
* * * * *

    7. In Sec. 679.7, paragraph (f)(14) is revised to read as follows:


Sec. 679.7  Prohibitions.

* * * * *
    (f) IFQ fisheries. * * *
    (14) Violate any other provision under this part.
* * * * *

    8. In Sec. 679.40, paragraph (a)(6)(i) is revised to read as 
follows:


Sec. 679.40  Sablefish and halibut QS.

* * * * *
    (a) * * *
    (6) * * *
    (i) Application form. The Application period for QS ended on July 
15, 1994. As of that date, the Request for QS Application form replaced 
the QS Application form as the means by which the Administrator, RAM, 
reviews and makes initial administrative determinations on requests for 
initial allocations of QS. A Request for QS Application must contain 
the following: information identifying the individual, representative 
of a deceased fisherman's estate, corporation or partnership, or 
dissolved corporation or partnership making the request; contact 
numbers; vessel identification, length overall, and purchase date; and 
information on any vessel leasing arrangement pertinent to the claim of 
eligibility.
* * * * *

    9. In Sec. 679.41, paragraphs (h)(2) and (k) are revised to read as 
follows:


Sec. 679.41  Transfer of QS and IFQ.

* * * * *
    (h) Transfer of IFQ. * * *
    (2) IFQ resulting from category B, C, or D QS may not be 
transferred separately from its originating QS, except as provided in 
paragraph (k) of this section.
* * * * *
    (k) Survivorship transfer privileges--(1) On the death of an 
individual who holds QS or IFQ, the surviving spouse or, in the absence 
of a surviving spouse, a beneficiary designated pursuant to paragraph 
(k)(2) of this section, receives all QS and IFQ held by the decedent by 
right of survivorship, unless a contrary intent was expressed by the 
decedent in a will. The Regional Administrator will approve an 
Application for Transfer to the surviving spouse or designated 
beneficiary when sufficient evidence has been provided to verify the 
death of the individual.
    (2) QS holders may provide the Regional Administrator with the name

[[Page 27911]]

of a designated beneficiary from the QS holder's immediate family to 
receive survivorship transfer privileges in the event of the QS 
holder's death and in the absence of a surviving spouse.
    (3) The Regional Administrator will approve, for 3 calendar years 
following the date of death of an individual, an Application for 
Transfer of IFQ from the surviving spouse or, in the absence of a 
surviving spouse, from a beneficiary from the QS holder's immediate 
family designated pursuant to paragraph (k)(2) of this section to a 
person eligible to receive IFQ under the provisions of this section, 
notwithstanding the limitations on transfers of IFQ in paragraph (h)(2) 
of this section.

    10. In Sec. 679.42, paragraph (j)(6) is added to read as follows:


Sec. 679.42  Limitations on the use of QS and IFQ.

* * * * *
    (j) * * *
    (6) A corporation, partnership, or other entity, except for a 
publicly held corporation, that receives an initial allocation of QS 
assigned to categories B, C, or D must provide annual updates to the 
Regional Administrator identifying all current shareholders or partners 
and affirming the entity's continuing existence as a corporation or 
partnership.
* * * * *

    11. In Sec. 679.43, paragraph (c) is revised to read as follows:


Sec. 679.43  Determinations and appeals.

* * * * *
    (c) Submission of appeals. Appeals must be in writing and must be 
submitted to the Office of Administrative Appeals, P. O. Box 21668, 
Juneau, AK 99802 or delivered to Federal Building, 709 West 9th St., 
Room 801, Juneau, AK. Appeals may be transmitted by facsimile to (907) 
586-9361. Additional information about appeals may be obtained by 
calling (907) 586-7258, and by accessing Office of Administrative 
Appeals section of the NMFS Alaska Region website http://www.fakr.noaa.gov.
* * * * *
[FR Doc. 01-12745 Filed 5-18-01; 8:45 am]
BILLING CODE 3510-22-S