Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Proposed Rules 32767

model, using publicly-available,

industry-wide information, allows the

user to simulate the relative impact of

particular changes in the industry.

2. A copy of the model has been

placed in the public file in CC Docket

No. 96–98, Implementation of the Local

Competition Provisions in the

Telecommunications Act of 1996.

Parties who wish to use the model,

create variations of the model, or file

models of their own, in that proceeding

are requested to file Comments no later

than Monday, July 1, 1996. There will

be no Reply Comment filing

opportunity. Commenters should file an

original and four copies with the Office

of the Secretary, two copies with Ms.

Wanda Harris, Room 518, Competitive

Pricing Division, Common Carrier

Bureau, one copy with the Chief,

Industry Analysis Division, Common

Carrier Bureau, and one copy with the

Chief, Competition Division, Office of

the General Counsel. Comments are

limited to fifty (50) pages, inclusive of

attachments.

3. Copies of the model may be

purchased by calling International

Transcription Services, Inc. (ITS) at

(202) 857–3800. The model also can be

downloaded from the Common Carrier

Bureau’s home page on the World Wide

Web. The home page can be accessed

directly (http://www.fcc.gov/ccb.html)

or through a direct link from the main

FCC home page (http://www.fcc.gov).

The model also can be downloaded

from the FCC-State Link computer

bulletin board at (202) 418–0241 [BBS

file name: MODELV30.ZIP].

4. For further information about the

model, contact Jim Lande at (202) 418–

0498 (e-mail: jlande@fcc.gov) or Doron

Fertig at (202) 418–1869 (e-mail:

dfertig@fcc.gov).

Federal Communications Commission

William F. Caton,

Acting Secretary.

[FR Doc. 96–16296 Filed 6–24–96; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 676

[Docket No. 960612171–6171–01; I.D.

060496A]

RIN 0648–AI57

Limited Access Management of

Federal Fisheries In and Off of Alaska;

Quota Shares and Individual Fishing

Quota on Smaller Vessels

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS issues a proposed rule

to implement Amendment 42 to the

Fishery Management Plan (FMP) for the

Bering Sea/Aleutian Islands Groundfish,

Amendment 42 to the FMP for the Gulf

of Alaska Groundfish Fishery, and a

regulatory amendment to the Individual

Fishing Quota (IFQ) Program for fixed

gear Pacific halibut and sablefish

fisheries in and off of Alaska. The

proposed rule would allow quota shares

(QS) and IFQ assigned to vessels in

larger size categories to be used on

smaller vessels. The North Pacific

Fishery Management Council (Council)

recommended this action to increase the

flexibility of QS use and transfer while

maintaining the management goals of

the IFQ Program and to provide small

boat fishermen with more opportunities

to improve the profitability of their

operations.

DATES: Comments on the proposed rule

and supporting documents must be

received by August 5, 1996.

ADDRESSES: Send comments to Ronald J.

Berg, Chief, Fisheries Management

Division, Attn: Lori Gravel, Alaska

Region, National Marine Fisheries

Service, P.O. Box 21668, Juneau, AK

99802.

Copies of the proposed Amendments,

and the Environmental Assessment/

Regulatory Impact Review/Initial

Regulatory Flexibility Analysis (EA/

RIR/IRFA) for this action may be

obtained from the North Pacific Fishery

Management Council, Suite 306, 605

West 4th Avenue, Anchorage, AK

99501–2252.

FOR FURTHER INFORMATION CONTACT:

James Hale, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

The Bering Sea and Aleutian Islands

(BSAI) and Gulf of Alaska (GOA)

groundfish FMPs and their

implementing regulations govern the

sablefish fisheries in Federal waters off

Alaska. The FMPs were prepared by the

Council under the authority of the

Magnuson Fishery Conservation and

Management Act (Magnuson Act). The

Northern Pacific Halibut Act of 1982

(Halibut Act) authorizes the Council to

develop and NMFS to implement

regulations to allocate halibut fishing

privileges among U.S. fishermen.

Under these authorities, the Council

developed the IFQ Program, a limited

access system to manage the fixed gear

Pacific halibut and sablefish fisheries.

NMFS approved the IFQ Program in

November 1993, and fully implemented

it beginning in March 1995. The

Magnuson Act and the Halibut Act

authorize amendments to the IFQ

Program as necessary to conserve and

manage these fisheries. The proposed

amendments to the FMPs and the IFQ

Program would increase flexibility of

QS use—a change that is analyzed along

with the status quo alternative in the

draft EA/RIR/IRFA prepared by the

Council in February 1996.

Increased Flexibility of QS Use

The IFQ Program assigns QS to vessel

categories specified by length overall

(LOA) and authorization to process IFQ

species (freezer vessels) or not (catcher

vessels): Category A—freezer vessels of

any length; Category B—catcher vessels

greater than 60 ft (18.3 m) LOA;

Category C—for sablefish, catcher

vessels less than or equal to 60 ft (18.3

m) LOA, and for halibut, catcher vessels

less than or equal to 60 ft (18.3 m) but

greater than 35 ft (10.7 m) LOA; or

Category D—for halibut, catcher vessels

less than or equal to 35 ft (10.7 m) LOA.

Current regulations at § 676.22(a)

require that IFQ be fished only on

vessels in the category to which the

pertinent QS have been assigned. An

exception to this rule allows category B,

C, or D IFQ to be fished on a category

A freezer vessel provided its LOA is

consistent with the vessel category of

the IFQ being fished and it neither

processes any species of fish nor fishes

category A IFQ concurrently with the

use of category B, C, or D IFQ

(§ 676.22(i)(3)). NMFS has published a

proposed rule that would amend the

regulations to allow IFQ fishermen to

process groundfish on board their

vessels under certain circumstances (61

FR 14547, April 2, 1996).

The Council prohibited QS transfer

across vessel categories to preserve the
32768 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Proposed Rules

social and cultural character of the

small boat fisheries prior to limited

access. Public discussions leading up to

IFQ Program implementation elicited

substantial concern that harvesting

privileges might ultimately transfer to

owners of large vessels and

disenfranchise owners of small vessels.

The Council responded to these

concerns in part by establishing vessel

categories and prohibiting transfer and

use of QS and IFQ across those

categories. Thus, these transfer

restrictions were intended to prevent

consolidation of harvesting privileges

among owners of large vessels.

Concern over the potential for

excessive consolidation also led to the

Modified Block Program implemented

under Amendments 31 and 35 to the

BSAI and GOA FMPs respectively and

IFQ Program amendments published at

60 FR 51135 (October 7, 1994). The

Modified Block Program requires an

initial allocation of QS that represents

less than 20,000 lb (9.1 mt) of IFQ in the

year prior to the implementation year

(1994) to be issued as an indivisible

block that can be transferred in its

entirety only.

During the first year of fishing under

the IFQ Program in 1995, IFQ fishermen

and their representatives reported to the

Council that the prohibition against

using or transferring QS across vessel

categories limited their ability to

improve the profitability of their

operations. Many fishermen reported

that they had received QS that

represented far fewer pounds than their

recent catch history prior to the IFQ

program. Small boat fishermen reported

the scarcity of medium- and large-size

QS blocks (≥5,000 lb (2.3 mt)) available

to smaller vessels and requested that the

Council enable them to purchase shares

from QS holders in larger vessel size

categories. Also, category B vessel

operators reported difficulties in using

or marketing small category B blocks

and requested the opportunity either to

downsize operations or to sell smaller

QS blocks to owners of smaller vessels.

This action would address the above

concerns by allowing QS initially

assigned to a larger vessel category to be

used on smaller vessels, while

continuing to prohibit the upgrading of

QS or IFQ to larger vessel categories.

Under the proposed amendments, QS

would continue to be assigned to vessel

categories by existing criteria at

§ 676.20(c)(1)-(9) and would retain

original vessel category assignments in

perpetuity. However, the proposed

amendments would allow halibut and

sablefish QS and IFQ assigned to vessel

category B to be used on vessels of any

size; halibut QS assigned to vessel

category C likewise could be used on

vessels of categories C and D. The

proposed amendments would continue

to prohibit the use of QS and IFQ on

larger vessel categories than originally

assigned.

In taking final action on this proposal,

the Council elected to diminish the

effect the proposed amendment would

have in IFQ regulatory areas 2C for

halibut and east of 140° W. long. for

sablefish. In these regulatory areas the

proportion of QS assigned to vessel

category B is significantly smaller than

the amount assigned to other vessel

categories. Excessive consolidation of

QS among smaller vessels in this region

of the GOA would reduce the larger

vessel fleet and thus also have an

undesirable impact on the fisheries’

socio-economic character. This action

proposes that QS assigned to vessel

category B in IFQ regulatory areas 2C for

halibut and east of 140° W. long. for

sablefish be prohibited from use on

vessels less than or equal to 60 ft (18.3

m) LOA except in QS blocks equivalent

to less than 5,000 lb (2.3 mt) based on

the 1996 Total Allowable Catch (TAC).

For example, an individual who holds

two blocks of QS assigned to vessel

category B in regulatory area 2C (for

halibut) or east of 140° W. long. (for

sablefish)—one block equivalent to

13,000 lb (5.9 mt) and the other

equivalent to 3000 lb (1.4 mt) (according

to the 1996 TAC)—would be able to

transfer the smaller QS block or use its

resulting IFQ on catcher vessels of any

size, since the block is equivalent to less

than 5,000 lb (2.3 mt). The larger QS

block, which would result in IFQ of

more than 5,000 lb (2.3 mt), would still

be prohibited from use on any vessel

other than one in vessel category B.

Unblocked QS of any amount assigned

to vessel category B in areas 2C and east

of 140° W. long. would continue to be

restricted to transfer or use on vessels in

category B only.

This action would provide owners of

small boats with opportunities to

acquire QS initially assigned to larger

vessel categories and would make

smaller category B blocks more

marketable. The Council’s intent to

prevent excessive consolidation of QS

among owners of larger vessels would

be maintained, while providing greater

economic potential for owners/operators

of smaller boats in the IFQ fisheries.

Conversely, the additional provision to

lessen the effect of the proposed action

in regulatory areas 2C for halibut and

east of 140° W. long. for sablefish would

prevent excessive consolidation among

owners of smaller boats in areas where

category B QS are relatively few.

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 FMP

amendments and regulations. At this

time, NMFS has not determined that the

FMP amendments these regulations

would implement are consistent with

the national standards, other provisions

of the Magnuson Act, and other

applicable laws. NMFS, in making final

determinations about the FMP

amendments and in issuing final rules

under both the Magnuson and Halibut

Acts, will take into account the data,

views, and comments received during

the comment period.

The Council prepared an initial

regulatory flexibility analysis as part of

the regulatory impact review, which

describes the impact this proposed rule

would have on small entities, if

adopted. The amendments could have a

significant positive impact on small

vessel owners. They open new

opportunities for owners of smaller

vessels to improve the profitability of

their operations by increasing the quota

share holdings available for trade by 309

percent and the IFQ pounds available

for trade by 2,547 percent. A copy of the

analysis is available from the Council

(see ADDRESSES).

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

List of Subjects in 50 CFR Part 676

Alaska, Fisheries, Reporting and

recordkeeping requirements.

Dated: June 19, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set forth in the

preamble, 50 CFR part 676 is proposed

to be 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. In § 676.20, paragraph (a)(2) is

revised to read as follows:

§ 676.20 Individual allocations.

* * * * *

(a) * * *

(2) Vessel categories. QS and IFQ

assigned to vessel categories include:

(i) Category A—QS and IFQ, which

authorizes an IFQ cardholder to harvest

and process IFQ species on a freezer

vessel of any length;
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Proposed Rules 32769

(ii) Category B—QS and IFQ, which

authorizes and IFQ cardholder to

harvest IFQ species on a catcher vessel

of any length;

(iii) Category C—QS and IFQ, which

authorizes an IFQ cardholder to harvest

IFQ species on a catcher vessel less than

or equal to 60 ft (18.3 m) in length

overall; and

(iv) Category D—QS and IFQ, which

authorizes an IFQ cardholder to harvest

IFQ halibut on a catcher vessel less than

or equal to 35 ft (10.7 m) in length

overall.

* * * * *

3. In § 676.22, paragraph (a) is revised

to read as follows:

§ 676.22 Limitations on use of QS and IFQ

(a) The IFQ specified for one IFQ

regulatory area must not be used in a

different IFQ regulatory area. Except as

provided in paragraph (i)(3) of this

section or in § 676.21(h)(1), the IFQ

assigned to one vessel category as

provided in § 676.20(a) must not be

used to harvest IFQ species on a vessel

of a different vessel category.

Notwithstanding § 676.20(a)(2)(ii), IFQ

assigned to vessel category B must not

be used on any vessel less than or equal

to 60 ft (18.3 m) in length overall to

harvest IFQ halibut in IFQ regulatory

area 2C or IFQ sablefish in the IFQ

regulatory area east of 140° W. long.

unless such IFQ derives from blocked

QS units that result in IFQ of less than

5,000 lb (2.3 mt), based on the 1996

TAC for fixed gear specified for the IFQ

halibut fishery and the IFQ sablefish

fishery in each of these two regulatory

areas.

* * * * *

[FR Doc. 96–16078 Filed 6–20–96; 9:26 am]

BILLING CODE 3510–22–F