27908 Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations

Dated: May 14, 2001.

Marshall P. Jones, Jr.,

Acting Director, Fish and Wildlife Service.

[FR Doc. 01–12663 Filed 5–18–01; 8:45 am]

BILLING CODE 4310–55–P

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.

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

§§ 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

§ 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 § 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 openaccess 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

§ 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 § 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-ofinformation requirements subject to the

PRA and which have been approved by

OMB under OMB control number 0648–

0272. These requirements and their

Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations 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 § 679.1, the first sentence of the

introductory paragraph, paragraph (d),

and paragraph (d)(1)(i)(B) are revised to

read as follows:

§ 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 § 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:

§ 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

27910 Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations

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 § 679.4, paragraph (d)(1)(i) is

revised to read as follows:

§ 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 § 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:

§ 679.5 Recordkeeping and reporting.

* * * * *

(l) * * *

(1) * * *

(iv) Exemption. The operator of a

category B, C, or D vessel, as defined at

§ 679.40 (a)(5), making an IFQ landing

of IFQ halibut of 500 lb (0.227 mt) or

less of weight determined pursuant to

§ 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 § 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 § 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 § 679.7, paragraph (f)(14) is

revised to read as follows:

§ 679.7 Prohibitions.

* * * * *

(f) IFQ fisheries. * * *

(14) Violate any other provision under

this part.

* * * * *

8. In § 679.40, paragraph (a)(6)(i) is

revised to read as follows:

§ 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 § 679.41, paragraphs (h)(2) and

(k) are revised to read as follows:

§ 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

Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations 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 § 679.42, paragraph (j)(6) is

added to read as follows:

§ 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 § 679.43, paragraph (c) is

revised to read as follows:

§ 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