Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Proposed Rules 28883

possession limit may be adjusted

pursuant to the procedures in § 648.120.

* * * * *

9. Section 648.142 is revised to read

as follows:

§ 648.142 Time restrictions.

Vessels that are not eligible for a

moratorium permit under § 648.4 (a)(7)

and fishermen subject to the possession

limit may not fish for black sea bass

from March 1 through May 9. This time

period may be adjusted pursuant to the

procedures in § 648.140.

10. In § 648.143, the first sentence of

paragraph (b) is revised to read as

follows:

§ 648.143 Minimum sizes.

* * * * *

(b) The minimum size for black sea

bass is 11 inches (27.94 cm) TL for all

vessels that do not qualify for a

moratorium permit, and party boats

holding a moratorium permit if fishing

with passengers for hire or carrying

more than five crew members, or charter

boats holding a moratorium permit if

fishing with more than three crew

members. * * *

* * * * *

11. In § 648.145, the introductory

paragraph is removed, existing

paragraphs (a), (b) and (c) are

redesignated as paragraphs (b),(c), and

(d), and a new paragraph (a) is added to

read as follows:

§ 648.145 Possession limit.

(a) No person shall possess more than

25 black sea bass in, or harvested from

the EEZ unless that person is the owner

or operator of a fishing vessel issued a

black sea bass moratorium permit, or is

issued a black sea bass dealer permit.

Persons aboard a commercial vessel that

is not eligible for a black sea bass

moratorium permit are subject to this

possession limit. The owner, operator,

and crew of a charter or party boat

issued a black sea bass moratorium

permit are subject to the possession

limit when carrying passengers for hire

or when carrying more than five crew

members for a party boat, or more than

three crew members for a charter boat.

This possession limit may be adjusted

pursuant to the procedures in § 648.140.

* * * * *

[FR Doc. 01–13288 Filed 5–24–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 010510121–1121–01; I.D.

012601B]

RIN 0648–AN23

Fisheries of the Exclusive Economic

Zone Off Alaska; Revisions to

Definition of Length Overall of a Vessel

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes to clarify the

definition of length overall (LOA) of a

vessel. This would provide

unambiguous guidance to vessel owners

in determining a vessel’s LOA for

purposes of Federal fisheries

management programs and to facilitate

NMFS’ and the U.S. Coast Guard’s

(USCG) enforcement of LOA

requirements in the exclusive economic

zone (EEZ) off Alaska. The action is

intended to further the goals and

objectives of the Fishery Management

Plan (FMP) for Groundfish of the Gulf

of Alaska and the FMP for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area.

DATES: Comments must be received by

June 25, 2001.

ADDRESSES: Written comments should

be sent to Sue Salveson, Assistant

Administrator, Sustainable Fisheries

Division, NMFS, Alaska Region, P.O.

Box 21668, Juneau, AK 99802, Attn:

Lori Gravel, or delivered to the Federal

Building, Fourth Floor, 709 West 9th

Street, Juneau, AK, and marked Attn:

Lori Gravel. Comments also may be sent

via facsimile (fax) to 907–586–7465.

Comments submitted by e-mail or the

internet will not be accepted. Copies of

the Regulatory Impact Review/Initial

Regulatory Flexibility Analysis (RIR/

IRFA) are available from from the same

address or by calling the Alaska Region,

NMFS, at 907–586–7228.

FOR FURTHER INFORMATION CONTACT:

Patsy A. Bearden or Jim Hale, 907–586–

7228.

SUPPLEMENTARY INFORMATION: The

domestic groundfish fisheries in the

EEZ off Alaska are managed by NMFS

under the FMPs. The FMPs were

prepared by the North Pacific Fishery

Management Council (Council) under

the Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act). Regulations

governing the Alaska groundfish

fisheries appear at 50 CFR parts 600 and

679. This proposed action would clarify

the definition of vessel LOA, remove the

definitions of stem and stern, and add

a definition for bulwarks.

Presently, the definition of LOA

requires measurement from the

‘‘foremost part of the stem’’ to the

‘‘aftermost part of the stern.’’ As

illustrated by Figure 6 of 50 CFR part

679, this definition is intended to be an

end-to-end measurement of the vessel

and implicitly include the bulwarks of

a vessel. For purposes of commercial

fishing in the EEZ off Alaska, vessel

LOA was first defined by the final rule

implementing the observer program (55

FR 4839, February 12, 1990). Figure 6

was added to 50 CFR part 679 by a

subsequent interpretive rule and

technical amendment (57 FR 43621,

September 22, 1992) that intended to

clarify that definition. Although NMFS

does not explicitly mention the term

‘‘bulwarks’’ in that interpretive rule/

technical amendment, the preamble to

the rule provides a technical description

and interpretation of the term ‘‘stem’’ as

‘‘the foremost position of the vessel, a

section of timber or cast, forged, or

rolled metal to which the sides of a

vessel are united at the fore end’’ (57 FR

43622). The illustration amended to the

regulations as Figure 6 clearly depicts

the inclusion of bulwarks in LOA

measurement. NMFS intended the

interpretative language and the

illustration of Figure 6 to clarify the

definition of LOA to include bulwarks.

Moreover, NMFS enforcement policy

has always included in any LOA

measurement bulwarks that constitute

the foremost or aftermost part of a

vessel.

NMFS recognizes now that the

definition of LOA still requires

clarification. Despite the visual

representation of bulwarks as part of the

LOA in Figure 6, the language of the

former interpretative rule is overly

technical and the terms ‘‘stem’’ and

‘‘stern’’ remain open to

misinterpretation. This action would

remove ‘‘stem’’ and ‘‘stern’’ from the

definition of LOA, add the term

‘‘bulwarks,’’ and thus clarify the original

intent of the regulation that LOA

measurement be an end-to-end

measurement of a vessel.

Maritime regulations of other Federal

agencies such as the USCG often use

similar terminology to define LOA.

However, the terms ‘‘foremost part of

the stem’’ and ‘‘aftermost part of the

stern’’ may or may not implicitly

include bulwarks in the definition of

overall vessel LOA. Federal regulators

28884 Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Proposed Rules

define LOA differently for different

purposes. For instance, USCG

regulations at 46 CFR 69.203 use LOA

to categorize vessels by buoyant hull

volume, which cannot include

structures such as bulwarks that are

open to the weather and thus constitute

no part of a vessel’s buoyant hull

envelope. These two different uses of

the terms ‘‘foremost part of the stem’’

and ‘‘aftermost part of the stern’’ create

the potential for confusion and

inconsistent application of the LOA

measurement by the regulated public.

For purposes of managing fisheries,

vessel LOA provides NMFS with one

criterion by which to categorize and

manage the diverse capacities and

capabilities of fishing vessels operating

in Federal waters off Alaska.

Distinguishing vessels by LOA

categories allows NMFS to assign

harvesting privileges in ways that

ensure that fishing fleets remain

relatively diversified between larger and

smaller vessels and prevent overconsolidation of fishing privileges

among any one sector of the fisheries, as

well as to manage the growth of harvest

capacity in a fishery and protect the

historical character of a fishery and its

dependent communities.

LOA categories also allow NMFS to

assess the relative ability of fishermen to

afford the cost of certain regulatory

requirements, such as those requiring

observer coverage.

Moreover, NMFS enforcement officers

and USCG personnel charged with

monitoring the fisheries for compliance

with regulations require a practical

definition of LOA that will facilitate the

measurement of LOA. Despite the

difficulty of measuring LOA during

fishing operations, enforcement officers

do take such measurements at dockside

or at sea to ensure a vessel’s compliance

with regulatory requirements, such as

observer coverage requirements.

Bulwarks are a clearly visible part of a

vessel’s size; as such, including them in

LOA measurement would make a

vessel’s length easier to ascertain from

dockside or while the vessel is at sea.

For these reasons, NMFS proposes to

revise the definition of LOA to

explicitly include bulwarks, remove the

definitions of ‘‘stem’’ and ‘‘stern,’’ and

add a definition of ‘‘bulwark’’ to the

definitions in 50 CFR 679.2. This action

would not require a vessel owner to

change the recorded LOAs of a vessel

already registered with NMFS, provided

the vessel’s LOA accurately reflects the

vessel’s end-to-end measurement as

shown in Figure 6 of 50 CFR part 679.

This figure accurately depicts the endpoints of LOA measurement. This action

would prevent future misinterpretation

of the regulatory definition of LOA.

Classification

This proposed rule has been

determined to be not significant for

purposes of Executive Order 12866.

NMFS prepared an IRFA that analyzes

the potential impact of this proposed

action on small entities for purposes of

the Regulatory Flexibility Act. While

this action is intended simply to clarify

the existing definition of LOA and thus

prevent any misunderstanding or

equivocation by vessel owners in

determining a vessel’s LOA. Some of the

1,613 vessels currently operating in the

EEZ off Alaska under Federal Fisheries

Permits may find their registered LOAs

to be inconsistent with the regulatory

definition of LOA. Vessels failing to

have correct LOA measurements may

incur costs associated with remeasuring

their LOA. Unfortunately, at this time,

NMFS has insufficient data to assess the

actual number of such vessels affected

in this manner, but it believes most

LOAs are accurate.

However, vessels that are near

observer coverage thresholds, (125 ft or

60 ft, as applicable) may incur

considerable cost if it is determined that

their LOA is incorrect and that they

should actually be subject to a higher

level of observer coverage.

Approximately 38 vessels with recorded

LOA measurements of 124, 123,and 122

ft may be subject to more stringent

observer requirements if their LOAs are

actually 125 ft or greater. Approximately

156 vessels with LOA measurements of

57, 58, and 59 ft may be subject to more

stringent observer requirements if their

LOAs are actually 60 ft or greater. Such

vessels could incur costs of $300/day for

an observer.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Recordkeeping and

reporting requirements.

Dated: May 21, 2001.

William T. Hogarth,

Deputy Asst. Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set forth in the

preamble, 50 CFR part 679 is proposed

to be amended 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., 1801 et

seq., and 3631 et seq.; title II of Division C,

Pub. L. 105-277; Sec. 3027, Pub. L. 106-31,

113 Stat. 57; 16 U.S.C. 1540 (f).

2. In § 679.2, the definition for

‘‘bulwark’’ is added in alphabetical

order, the definition for ‘‘length overall

of a vessel’’ is revised; and the

definitions for ‘‘stem’’ and ‘‘stern’’ are

removed as follows:

* * * * *

§ 679.2 Definitions.

* * * * *

Bulwark means a section of a vessel’s

side, continued above the main deck as

a protection against heavy weather.

* * * * *

Length overall (LOA) of a vessel

means the centerline longitudinal

distance, rounded to the nearest foot,

measured between:

(1) The outside foremost part of the

vessel visible above the waterline,

including bulwarks, but excluding

bowsprits and similar fittings or

attachments, and

(2) The outside aftermost part of the

vessel visible above the waterline,

including bulwarks, but excluding

rudders, outboard motor brackets, and

similar fittings or attachments (see

Figure 6 to this part; see also maximum

LOA, original qualifying LOA, and

reconstruction).

* * * * *

[FR Doc. 01–13289 Filed 5–24–01; 8:45 am]

BILLING CODE 3510–22–S