[Federal Register Volume 60, Number 42 (Friday, March 3, 1995)]
[Rules and Regulations]
[Pages 11916-11917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5297]



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DEPARTMENT OF COMMERCE
50 CFR Part 676

[Docket No. 950206039-5039-01; I.D. 081794A]
RIN 0648-AG98


Limited Access Management of Federal Fisheries In and Off of 
Alaska; Community Development Quota Compensation Formula

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 providing the method used for 
determining Community Development Quota (CDQ) compensation for the 
Pacific halibut and sablefish Individual Fishing Quota (IFQ) Program. 
This action is necessary to codify the formula used in calculating CDQ 
compensation and is intended to inform interested parties of the method 
used for determining the compensation provided to affected persons.

EFFECTIVE DATE: April 3, 1995.

FOR FURTHER INFORMATION CONTACT: John Lepore, 907-586-7228.

SUPPLEMENTARY INFORMATION: The Pacific halibut and sablefish CDQ 
Program was intended by the North Pacific Fishery Management Council 
(Council) to assist in revitalizing rural communities in Western Alaska 
by providing those communities with access to fishery resources within 
their geographical proximity. The CDQ Compensation Formula was designed 
to compensate persons for reductions in the amount of Pacific halibut 
and sablefish available for harvest with IFQ in CDQ areas resulting 
from allocations of those fishery resources to the CDQ Program. 
Compensated persons would be those who are initially issued quota share 
(QS) in CDQ areas. This one-time compensation adjustment would be in 
the form of QS in each of the non-CDQ areas.
    The CDQ Compensation Formula would affect all persons who are 
initially issued QS, including those persons who did not participate 
historically in the Pacific halibut or sablefish fisheries in CDQ 
areas. The Council intended that all persons initially issued QS share 
the burden of compensating persons for reductions in the amount of 
Pacific halibut and sablefish available for harvest with IFQ in CDQ 
areas. This would be accomplished by distributing the compensation 
burden among all persons initially issued QS by reducing their harvest 
privilege by a fixed percentage. Even persons who receive compensation 
would share the burden.
    Persons eligible for compensation would receive a portion of their 
total amount of compensation in each non-CDQ area. Their compensation 
in each non-CDQ area, in the form of QS, would be proportional to the 
size of the QS pool of that area. For example, a person eligible for 
compensation QS for halibut would receive the greatest amount of 
compensation QS in area 3A, which has the largest QS pool, and the 
least amount in area 4A, which has the smallest QS pool. The CDQ 
Compensation Formula will be codified at Sec. 676.24(i)(3). Further 
information on the methodology of the CDQ Compensation Formula and an 
example of how CDQ compensation would be calculated is available in the 
preamble to the proposed rule for the CDQ Compensation Formula 
published in the Federal Register on September 29, 1994 (59 FR 49637).

Changes Incorporated in the Final Rule

    NMFS received no comments on the proposed rule for the CDQ 
Compensation Formula. The text at Sec. 676.24(i)(3), however, was 
changed from that proposed to clarify NMFS' intent to issue CDQ 
Compensation QS to all persons initially issued QS for IFQ regulatory 
areas in which a portion of the total allowable catch (TAC) is 
allocated to the CDQ Program, no matter when those persons may be 
initially issued QS.

Classification

    The regulatory impact review (RIR) prepared for this rule 
incorporates by reference the final regulatory flexibility analysis 
(FRFA) prepared for the IFQ Program, the program for which the CDQ 
Compensation Formula was designed. The FRFA supports the determination 
that the IFQ Program may have a significant impact on a substantial 
number of small entities. Further information on the FRFA can be 
obtained by referring to the final rule for the IFQ Program, published 
in the Federal Register on November 9, 1993 (58 FR 59375).
    A collection of information for the IFQ Program was approved by the 
Office of Management and Budget, OMB control number 0648-0272. This 
action will not affect the collection-of-information requirements 
already approved for the IFQ Program.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.

List of Subjects in 50 CFR Part 676

    Fisheries, Reporting and recordkeeping requirements.

    Dated: February 27, 1995.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 676 is amended 
as follows:

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

    1. The authority citation for 50 CFR part 676 continues to read as 
follows:

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

    2. Section 676.24 is amended by revising paragraph (i)(3) to read 
as follows: [[Page 11917]] 


Sec. 676.24  Western Alaska Community Development Quota Program.

* * * * *
    (i) * * *
    (3) Compensation of halibut and sablefish QS foregone due to the 
CDQ program will be provided to those persons initially issued QS for 
IFQ regulatory areas in which a portion of the TAC is allocated to the 
CDQ Program and will be calculated for each non-CDQ area using the 
following formula:

Q<INF>N = (Q<INF>C x QSP<INF>N x RATE)/(SUM<INF>CDQ- 
[RATE x SUM<INF>TAC]) ([1-RATE] x TAC<INF>AVE) 
(QSP<INF>C x [CDQ<INF>PCT-RATE])

Where:

Q<INF>N = quota share in non-CDQ area
Q<INF>C = quota share in CDQ area
QSP<INF>N = quota share pool in non-CDQ area (as existing on January 
31, 1995)
RATE = SUM<INF>CDQ/average of the TAC (1988-1994) for all CDQ and non-
CDQ areas.
TAC<INF>AVE = average of the TAC (1988-1994) for CDQ area
QSP<INF>C = quota share pool in CDQ area (as existing on January 31, 
1995)
CDQ<INF>PCT = CDQ percentage for CDQ area
SUM<INF>CDQ = sum [TAC<INF>AVE x CDQ<INF>PCT]
SUM<INF>TAC = sum [TAC<INF>AVE]
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[FR Doc. 95-5297 Filed 3-2-95; 8:45 am]
BILLING CODE 3510-22-W