Limited Access Management of Federal Fisheries In and Off Alaska; Groundfish and Crab Fisheries Moratorium

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 671, 672, 675, 676, and 677

[Docket No. 950508130-5171-02; I.D. 050195A]

RIN 0648-AH62

Limited Access Management of Federal Fisheries In and Off Alaska;

Groundfish and Crab Fisheries Moratorium

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS by this final rule imposes a temporary moratorium on the

entry of new vessels into the groundfish fisheries under Federal

jurisdiction in the Bering Sea and Aleutian Islands (BSAI) management

area, the crab fisheries under Federal jurisdiction in the BSAI Area,

and the groundfish fisheries under Federal jurisdiction in the Gulf of

Alaska (GOA). This action curtails increases in fishing capacity and

provides industry stability while the North Pacific Fishery Management

Council (Council) and NMFS prepare, review, and, if approved, implement

a comprehensive management plan for these fisheries. This action is

intended to promote the conservation and management objectives of the

Council and the Magnuson Fishery Conservation and Management Act

(Magnuson Act).

EFFECTIVE DATES: Effective September 11, 1995 through December 31,

1998, except for the amendments to Secs. 671.4, 672.4, and 675.4, and

Secs. 676.3 and 676.4, which will become effective on January 1, 1996,

through December 31, 1998; and the amendments to Figure 1 to part 677,

Sec. 677.4, and Secs. 671.2, and 671.3, which are effective September

11, 1995.

ADDRESSES: Copies of the Fishery Management Plan (FMP) amendments and

the Environmental Assessment/Regulatory Impact Review/Final Regulatory

Flexibility Analysis (EA/RIR/FRFA) for the moratorium may be obtained

from the North Pacific Fishery Management Council, P.O. Box 103136,

Anchorage, AK 99510. Send comments regarding the paperwork burden or

any other aspect of the collection-of-information requirements

contained in this rule, including suggestions for reducing the burden,

to Ronald Berg, Chief, Fisheries Management Division, Alaska Region,

NMFS, 709 West 9th Street, Juneau, AK 99801, or P.O. Box 21668, Juneau,

AK 99802, Attention: Lori J. Gravel, and to the Office of Management

and Budget (OMB), Paperwork Reduction Project (0648-0206), Washington,

D.C. 20503 (ATTN: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Jay Ginter, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

Domestic groundfish fisheries in the exclusive economic zone (EEZ)

of the BSAI and the GOA are managed by NMFS under the Fishery

Management Plan for the Groundfish Fishery of the Bering Sea and

Aleutian Islands Area, and the Fishery Management Plan for Groundfish

of the Gulf of Alaska, respectively. The commercial harvest of king and

Tanner crabs is managed under the Fishery Management Plan for the

Commercial King and Tanner Crab Fisheries in the Bering Sea and

Aleutian Islands Area. These FMPs were prepared by the Council under

the Magnuson Act. The FMP for the GOA groundfish fisheries is

implemented primarily by regulations at 50 CFR part 672. The FMP for

the BSAI groundfish fisheries is implemented primarily by regulations

at 50 CFR part 675. The FMP for the king and Tanner crab fisheries in

the BSAI is implemented by regulations at 50 CFR part 671 and by Alaska

Administrative Code regulations at title 5, chapters 34 and 35. Other

Federal regulations that also affect the

[[Page 40764]]

groundfish and crab fisheries are set out at 50 CFR parts 620, 676, and

677.

This action implements revisions of Amendment 23 to the BSAI

groundfish FMP, Amendment 28 to the GOA groundfish FMP, and Amendment 4

to the BSAI crab FMP, which were approved by NMFS on June 29, 1995,

under section 304(b)(3) of the Magnuson Act. These revised amendments

address fishery management problems caused by excess harvesting

capacity or overcapitalization by establishing temporary entry controls

until more permanent controls on harvesting capacity can be

implemented. The problems and issues these amendments address are

discussed in the EA/RIR/FRFA and the notice of proposed rulemaking (60

FR 25677, May 12, 1995). A general description of the moratorium and

these implementing regulations follows.

Vessel Moratorium

The moratorium limits access to the groundfish and BSAI Area crab

resources off Alaska to vessels whose owners have been issued a

moratorium permit for the vessel by NMFS or that are within a vessel

category specified as exempt from the moratorium permit requirements in

Sec. 676.3(b). A moratorium permit is required in addition to any other

permits required by Federal or State regulations. NMFS has revised its

permit application and issuance process so that an integrated

application may be used to apply for annual Federal groundfish permits

and the Federal moratorium permit for groundfish and crab vessels. Part

677 is amended to remove and reserve Figure 1--the Fisheries Permit

Application and Fisheries Processor Permit Application (Form FPP-1).

That form will be revised for use as an integrated permit application.

1. Vessels Affected by the Moratorium

Any vessel that is not exempt and that catches and retains any

species of king and Tanner crabs in a commercial fishery governed by

the Fishery Management Plan for the Commercial King and Tanner Crab

Fisheries in the Bering Sea and Aleutian Islands Area and its

implementing regulations at 50 CFR part 671 (``moratorium crab

species'') is required to have on board a moratorium permit issued for

that vessel. Any vessel that is not exempt and that conducts directed

fishing for any groundfish species in a commercial fishery governed by

the Fishery Management Plan for the Groundfish Fishery of the Bering

Sea and Aleutian Islands Area, and the Fishery Management Plan for

Groundfish of the Gulf of Alaska and their respective implementing

regulations at 50 CFR parts 672 and 675, except for sablefish caught

with fixed gear (``moratorium groundfish species''), also is required

to have on board a moratorium permit issued for that vessel.

Moratorium crab species and moratorium groundfish species are

referred to collectively as ``moratorium species.'' The term ``directed

fishing'' is defined in the groundfish FMPs' implementing regulations

at 50 CFR parts 672 and 675. Basically, this term refers to the

criteria by which NMFS determines which species of groundfish a vessel

has been targeting when any fish are on board the vessel. A vessel that

retains only incidental catches of moratorium groundfish species in the

EEZ is not required to have a moratorium permit; however, it is

required to have a Federal fisheries permit. A vessel without a

moratorium permit in the EEZ is required to discard any catch of a

moratorium groundfish species that exceeds the maximum retainable

bycatch amount specified in parts 672 and 675. Crab species are

prohibited species in the groundfish fishery, which means that any

bycatch of crab must be immediately returned to the sea.

The Council specifically exempted certain categories of vessels

from the moratorium permit requirement. The rationale for the

exemptions was provided in the notice of proposed rulemaking for the

initially proposed moratorium (59 FR 28827, June 3, 1994). Vessels

within the following categories are not required to have moratorium

permits, however, other Federal and State of Alaska permit requirements

continue to apply:

Vessels that are not used to catch fish (e.g., processor

vessels, tenders, or support vessels);

Vessels that do not catch and retain moratorium crab

species or that do not conduct directed fishing for moratorium

groundfish species;

Vessels that catch and retain moratorium crab species or

that conduct directed fishing for moratorium groundfish species only

within State of Alaska waters;

Vessels that conduct directed fishing for moratorium

groundfish species in the GOA and that are no greater than 26 ft (7.9

m) in length overall (LOA);

Vessels that catch and retain moratorium crab species in

the BSAI Area or that conduct directed fishing for moratorium

groundfish species in the BSAI management area and that are no greater

than 32 ft (9.8 m) LOA;

Vessels that are fishing for IFQ halibut, IFQ sablefish,

or halibut or sablefish under the Western Alaska Community Development

Quota (CDQ) program; or

Vessels that, after the implementation of the CDQ program

for pollock on November 18, 1992 (57 FR 54937, November 23, 1992), are

specifically constructed and used in accordance with a Community

Development Plan (CDP), are specially designed and equipped to meet

specific needs that are described in the CDP, and are no greater than

125 ft (38.1 m) LOA. A vessel operating under the CDQ exemption also

may be used to harvest non-CDQ species, but the exemption does not

apply to a vessel if the vessel is transferred to an entity that does

not have a CDP.

2. Moratorium Qualification

Generally, a vessel is qualified for a moratorium permit if it made

a legal landing of any moratorium species during the qualifying period

of January 1, 1988, through February 9, 1992. Exceptions to this

general rule are described below.

A ``legal landing'' is defined as any amount of a moratorium

species that was landed in compliance with Federal and state commercial

fishing regulations in effect at the time of the landing. This

definition is intended to limit landing claims to those that can be

verified through required Federal and state catch or landing reports. A

vessel owner who alleges that government records are in error must

produce a copy of a valid state fish ticket or other report required at

the time of landing as evidence that the vessel made a legal landing of

a moratorium species from January 1, 1988, through February 9, 1992.

If the owner presents acceptable evidence of a legal landing of a

moratorium species that the vessel made from January 1, 1988, through

February 9, 1992, the vessel is qualified for a moratorium permit,

unless that vessel is exempt from the moratorium permit requirements as

described above. For example, a vessel that is less than or equal to 26

ft (7.9 m) LOA and that conducts directed fishing for groundfish in the

GOA is exempt from the moratorium permit requirements. It is not

qualified for a moratorium permit even if it made a legal landing of

moratorium species from January 1, 1988, through February 9, 1992.

Likewise, a vessel that made legal landings only of halibut and/or

sablefish caught with fixed gear from January 1, 1988, through February

9, 1992, is not qualified for a moratorium permit since halibut is not

a groundfish species and sablefish caught with fixed gear is not a

moratorium groundfish species.

[[Page 40765]]

A moratorium permit will be issued to the owner of a qualified

vessel after submission and approval of a completed application for a

moratorium permit for that vessel. Moratorium qualification is a

prerequisite for issuance of a moratorium permit. Moratorium

qualification stays with the vessel, unless it is transferred by the

vessel's owner (see transferability discussion below). NMFS will

maintain a database of vessels that have moratorium qualification

according to Federal or state catch or landings reports. Generally, a

moratorium permit will be valid through December 31, 1998, unless the

moratorium qualification on which it is based is transferred, or until

the permit is revoked or suspended under 15 CFR part 904 (Civil

Procedures). A moratorium permit based on the moratorium qualification

of a vessel that was lost or destroyed before January 1, 1996, will be

valid only through December 31, 1997, but may be renewed if the vessel

makes a legal landing of a moratorium species in 1996 or 1997 (see

transferability discussion below).

If a vessel has moratorium qualification, a moratorium permit will

be issued for it provided it is not an exempt vessel, and provided the

vessel's LOA does not exceed its ``maximum LOA.'' A vessel's maximum

LOA is the greatest LOA that the vessel, or its replacement, may have

and remain qualified for a moratorium permit. A vessel's maximum LOA is

based on the LOA of the original qualifying vessel on June 24, 1992. If

the original qualifying LOA of a vessel is equal to or greater than 125

ft (38.1 m), the maximum LOA is the original qualifying LOA. If the

original qualifying LOA of a vessel is less than 125 ft (38.1 m) LOA,

the maximum LOA is 1.2 times the original qualifying LOA or 125 ft

(38.1 m), whichever is less. This limited length increase allowance,

known as the ``20 percent rule,'' is intended to allow an owner of a

small vessel to improve the vessel's stability by widening and

lengthening its hull. Although increasing a small vessel's length under

the 20 percent rule could improve the vessel's safety, it also could

increase the vessel's fishing capacity. The Council recognized this

possibility and allowed vessel length increases only for vessels less

than 125 ft (38.1 m) LOA. The Council made this decision on June 24,

1992, to discourage owners of large vessels from increasing their

vessels' length substantially between that date and the implementation

date of the moratorium.

Vessels under reconstruction on June 24, 1992, are a special case,

and the maximum LOA of such vessel is the vessel's LOA on the date

reconstruction is completed. This special case is discussed in more

detail below. Any vessel that exceeds its maximum LOA is not eligible

for a moratorium permit and any moratorium permit already issued will

be invalidated.

NMFS will use the existing definition of LOA in 50 CFR parts 672

and 675 for purposes of implementing the maximum LOA limitation. This

definition refers to the length of a vessel ``rounded to the nearest

foot.'' NMFS will use standard arithmetic rounding in determining the

LOA of a vessel for purposes of the moratorium. For example, a vessel

that is 124 feet 7 inches in length would have an LOA of 125 feet (38.1

m), a vessel that is 125 feet 5 inches in length would have an LOA of

125 feet (38.1 m), and a vessel that is 125 feet 6 inches in length

would have an LOA of 126 feet (38.4 m).

3. Crossovers

The Council's original moratorium proposal (59 FR 28827, June 3,

1994) would have allowed a vessel that qualified for a moratorium

permit because of a legal landing, for example, of a moratorium crab

species during the qualifying period, to cross over to moratorium

groundfish species fisheries even if it had no previous landing history

in a groundfish fishery. However, the Council decided at its meeting in

December 1994 to propose limiting crossovers. Under the revised

proposal, which this final rule adopts, a vessel that made a legal

landing from January 1, 1988, through February 9, 1992, in either a

groundfish or crab fishery, but not both, can cross over as a new

vessel in the fishery in which it did not make a legal landing in the

qualifying period provided:

1. It uses in the new fishery only the same fishing gear type that

it used to qualify for the moratorium in the other fishery; or

2. It made a legal landing in the crossover fishery during the

period February 10, 1992, through December 11, 1994, and it uses only

the same fishing gear type that it used during that period.

Example 1. A vessel that made a legal landing in the BSAI Area crab

fisheries from January 1, 1988, through February 9, 1992, would be

eligible for a moratorium permit to operate in that fishery and in the

BSAI management area or GOA groundfish fisheries using pot gear where

that gear is authorized. The only legal fishing gear in the BSAI Area

crab fisheries is pot gear. Therefore, if the vessel crosses over into

the groundfish fisheries it is limited to using pot gear.

Example 2. A vessel that made a legal landing in the BSAI

management area or GOA groundfish fisheries from January 1, 1988,

through February 9, 1992, is eligible for a moratorium permit to

operate in that fishery using any authorized fishing gear for

groundfish. The same vessel also made a legal landing in the BSAI Area

crab fishery from February 10, 1992, through December 11, 1994.

Therefore, this vessel also is eligible for a moratorium permit to

operate in the BSAI Area crab fishery, and it may move between

fisheries using any authorized gear.

Example 3. A vessel that made a legal landing in the BSAI Area crab

fisheries from January 1, 1988, through February 9, 1992, is eligible

for a moratorium permit to operate in that fishery and in the BSAI

management area or GOA groundfish fisheries using pot gear where that

gear is authorized. The same vessel also made a legal landing in the

groundfish fisheries using hook-and-line gear from February 10, 1992,

through December 11, 1994. Therefore, this vessel is eligible for a

moratorium permit to operate in the groundfish fisheries using pot gear

and hook-and-line gear. However, unless the vessel made a legal landing

in the groundfish fisheries using trawl gear during the period February

10, 1992, through December 11, 1994, it is not eligible to cross over

into the groundfish fishery using trawl gear.

This crossover gear restriction recognizes the similarity of

fishing gear used in the BSAI Area crab fisheries and some groundfish

fisheries. It also recognizes that some vessels qualified in one

moratorium fishery and crossed over to a new moratorium fishery after

the cutoff date of February 9, 1992, based on the Council's original

moratorium proposal. These vessels are allowed to continue to operate

in the crossover fisheries under the moratorium, but are restricted to

using the fishing gear they used in the crossover fisheries from

February 10, 1992, through December 11, 1994, the date of the Council's

decision to revise its original moratorium proposal.

This revision to the original proposed moratorium requires the

issuance of moratorium permits with fishery-specific fishing gear type

endorsements. Four fishery-specific/gear type endorsements are set

forth in Sec. 676.3(d) to cover the categories of fishing gear

authorized in the Federal regulations (with respect to groundfish) and

in the State of Alaska regulations (with respect to crab). These are:

[[Page 40766]]

1. Groundfish fisheries/trawl gear, which includes groundfish

pelagic and nonpelagic trawl gears as defined at 50 CFR part 672;

2. Crab fisheries/pot gear, which includes crab pot gear as defined

in the Alaska Administrative Code at title 5, chapters 34 and 35;

3. Groundfish fisheries/pot gear, which includes groundfish

longline pot and pot-and-line gears as defined at 50 CFR part 672; and

4. Groundfish fisheries/hook gear, which includes groundfish hook-

and-line and jig gears as defined at 50 CFR part 672.

The Director, Alaska Region, NMFS (Regional Director), will

determine the appropriate fishery-specific/gear type endorsement(s) for

a moratorium permit based on the permit application received, existing

landings records, and the vessel's LOA. The moratorium permit will be

endorsed with one or more of the fishery-specific/gear type

endorsements listed above. For example, the owner of a vessel that made

a legal landing of BSAI Area crabs during January 1, 1988, through

February 9, 1992, will be issued a moratorium permit for the vessel

endorsed to fish for groundfish and BSAI Area crab with pot gear. The

owner of a vessel that made a legal landing from January 1, 1988,

through February 9, 1992, of groundfish using trawl and/or hook gear

but not pot gear during the qualifying period will be issued a

moratorium permit for the vessel endorsed to fish for groundfish with

pot, hook, and trawl gear, but the permit will not be endorsed to allow

the vessel to fish for BSAI Area crabs unless it also had made a legal

landing in the BSAI Area crab fishery during the period February 10,

1992, through December 11, 1994.

4. Transferability

A moratorium qualification is transferable under certain

conditions. A moratorium qualification transfer must be approved by the

Regional Director before a moratorium permit may be issued based on

that qualification. If a vessel owner transfers the moratorium

qualification of his vessel, then that vessel is no longer qualified

for a moratorium permit to participate in any moratorium fishery after

the effective date of the transfer. If the vessel had been issued a

moratorium permit, then that permit will become invalid on the

effective date of the transfer. A new moratorium permit will be issued

for the vessel that the moratorium qualification was transferred to,

once the transfer is approved and a permit application is submitted.

The purpose of providing for transfers of moratorium qualification

is to allow a vessel owner to make limited improvements to or replace

an existing vessel in the moratorium fisheries. Restrictions on

transfers are necessary to limit the potential fishing capacity

resulting from vessel improvements or replacements. The Regional

Director will not approve a transfer of moratorium qualification to a

vessel with an LOA exceeding the maximum LOA of the originally

qualified vessel, and a moratorium permit will not be issued for the

vessel. A moratorium permit becomes invalid if the LOA of the vessel

for which it has been issued is increased to exceed the maximum LOA

associated with the moratorium qualification.

Moratorium qualification is presumed to belong to the current owner

of the vessel that made a legal landing of moratorium species from

January 1, 1988, through February 9, 1992, unless otherwise specified

in a purchase agreement or contract. The moratorium qualification of a

vessel may be transferred from the owner of the vessel to another

person by mutual agreement. For example, the moratorium qualification

of a vessel may be retained by the vessel's owner for liquidation

independently of the vessel. A vessel owner also may choose to retain

the moratorium qualification of the vessel when it is sold, lost, or

destroyed, so that he/she can obtain a moratorium permit for a

replacement vessel. Regardless of the reason for transferring a

moratorium qualification, valid documentation of the transfer is

required before the transfer will be approved and a moratorium permit

issued based on that moratorium qualification.

Fishery-specific/gear type endorsements cannot be separated and

transferred independently of the endorsed permit. For example, a

moratorium permit that authorizes a vessel to harvest moratorium

species of groundfish and crab with pot gear could not be separated

into a groundfish/pot permit and a crab/pot permit. Likewise, gear

endorsements cannot be transferred separately from the permit. For

another example, the hook endorsement on a groundfish/trawl, pot, and

hook permit would not be transferrable.

A cutoff date of January 1, 1989, determines whether a qualified

vessel that was lost or destroyed can transfer its moratorium

qualification to a replacement vessel. The Council reasoned that a

vessel owner who lost a vessel before January 1, 1989, would have

replaced or salvaged the vessel before the end of the qualifying period

if the owner intended to continue participation in the moratorium

fisheries.

Salvage of lost or destroyed vessels: The moratorium qualification

of a vessel that was lost or destroyed before January 1, 1989, is not

valid for purposes of issuing a moratorium permit for that vessel

unless salvage of that vessel started before June 24, 1992, and the

salvaged vessel's LOA does not exceed its maximum LOA. The salvaged

vessel must make a legal landing of a moratorium species within the

period January 1, 1996-December 31, 1997, to maintain its qualification

for a moratorium permit in 1998.

The moratorium qualification of a vessel lost or destroyed on or

after January 1, 1989 is valid for purposes of issuing a moratorium

permit for that vessel regardless of when salvage began provided that

the vessel has not already been replaced and the LOA of the salvaged

vessel does not exceed its maximum LOA.

Replacement of lost or destroyed vessels: The moratorium

qualification of a vessel that was lost or destroyed before January 1,

1989, cannot be transferred to another vessel. The moratorium

qualification of a vessel that was lost or destroyed on or after

January 1, 1989, but before January 1, 1996, can be transferred to a

replacement vessel provided the LOA of the replacement vessel does not

exceed the maximum LOA of the vessel that was lost or destroyed. The

vessel that was lost or destroyed will no longer be a moratorium

qualified vessel. The moratorium permit of the replacement vessel will

expire on December 31, 1997, unless the vessel makes a legal landing of

a moratorium species on or before that date.

The moratorium qualification of a vessel that is lost or destroyed

on or after January 1, 1996, may be transferred to a replacement vessel

provided the LOA of the replacement vessel does not exceed the maximum

LOA of the vessel that was lost or destroyed. The vessel that was lost

or destroyed would no longer be a moratorium qualified vessel. In the

case of multiple or sequential replacements or reconstructions of a

moratorium qualified vessel, the LOA may not be increased beyond the

maximum LOA of the original qualifying vessel.

Reconstruction: Vessel reconstruction is defined as a change in

the LOA of the vessel from its original qualifying LOA. The moratorium

qualification of a vessel is not valid for purposes of issuing a permit

for that vessel if at any time on or after June 24, 1992, the LOA of

the vessel is increased to exceed its

[[Page 40767]]

maximum LOA. If reconstruction was completed prior to June 24, 1992,

and the reconstructed vessel is less than 125 feet (38.1) LOA, further

increases in LOA are allowed between June 24, 1992, and the end of the

moratorium subject to the 20 percent rule discussed above under

``Moratorium Qualification.'' If reconstruction was completed prior to

June 24, 1992, and the reconstructed vessel is equal to or greater than

125 feet (38.1 m) LOA, the LOA of the reconstructed vessel is the

maximum LOA. If reconstruction of a vessel began before June 24, 1992,

and was completed after that date, the maximum LOA is the LOA of the

reconstructed vessel on the date reconstruction was completed. This is

the maximum LOA even if the LOA of the reconstructed vessel is less

than 125 ft (38.1 m). The purpose of this exception to the 20 percent

rule for vessels less than 125 ft (38.1 m) LOA is to prevent the

disqualification of a vessel that was undergoing reconstruction on the

date that the Council initially recommended its original moratorium

proposal. The Council decided that such a vessel should be allowed to

participate in the moratorium fisheries, but that it should not be

allowed any additional length increases under the 20 percent rule.

Vessel reconstruction begins and ends with the start and completion

of the physical modification of the vessel. For a vessel undergoing

reconstruction on June 24, 1992, any increase in the LOA of the vessel

resulting from that reconstruction must be documented. Acceptable

documentation of the beginning and ending dates of reconstruction is

limited to a notarized affidavit signed by the vessel owner and the

owner/manager of the shipyard that specifies the beginning and ending

dates of the reconstruction. If acceptable, the Regional Director will

certify the new LOA as the maximum LOA for that vessel.

5. Administration

The final rule implements the moratorium by limiting the issuance

of moratorium permits to moratorium-qualified vessels or their

replacements. The Restricted Access Management Division, Alaska Region,

NMFS, will administer the moratorium by maintaining a database of

moratorium qualifications, receiving and reviewing permit and transfer

applications, making initial determinations of eligibility, and issuing

moratorium permits. This Division also will issue or renew a Federal

fisheries permit to or for each vessel qualified for a moratorium

permit and to each vessel for which a moratorium permit is not required

but that otherwise would participate in the groundfish fisheries in the

EEZ (i.e., a moratorium-exempt vessel such as a processor, support

vessel, and a small vessel).

Most moratorium permits will be valid until the moratorium expires

on December 31, 1998. For some salvaged vessels and some vessels that

replace qualified vessels that are lost or destroyed, however,

moratorium permits will expire after the first 2 years of the

moratorium (i.e., on January 1, 1998). However, those moratorium

permits can be renewed if the vessel makes a legal landing of a

moratorium species in 1996 or 1997. The multi-year duration of a

moratorium permit differs from that of a Federal fisheries permit,

which is valid only for the year in which it is issued.

An application for a moratorium permit may be submitted at any

time. Application forms for Federal Fisheries Permits, Federal

Processor Permits, and Vessel Moratorium Permits will be integrated

into a single application form. Submission of only one completed form

is required for application for all three types of permits. A

moratorium permit application for a vessel will be approved if the

vessel's owner has a moratorium qualification and the vessel's LOA is

less than or equal to the maximum LOA. If a moratorium permit is

requested for a vessel that is not in the NMFS moratorium qualification

database, then the applicant will be requested to provide evidence of

the vessel's qualification either by demonstrating a legal landing of a

moratorium species from January 1, 1998, through February 9, 1992, or a

transfer of moratorium qualification. As stated above, moratorium

qualification is presumed to remain with the current owner of a vessel

that made a legal landing of any moratorium species from January 1,

1988, through February 9, 1992. Otherwise, a valid contract or

agreement to transfer a vessel's moratorium qualification or retain it

when the vessel is transferred is required to demonstrate ownership of

the moratorium qualification. Determination of a vessel's maximum LOA

is based on Federal or state permits or registration documents that

demonstrate the original qualifying LOA of the vessel. If these

documents are not available, NMFS may request the vessel owner to

produce a marine survey, builder's plans, or other third-party

documentation of the vessel's LOA on June 24, 1992.

An application for approval of transfer of moratorium qualification

may be submitted at any time. Approval of a transfer requires the

submission of a transfer agreement signed by the original owner(s) and

receiver(s) of the moratorium qualification, and the submission of

proof that the vessel to which the moratorium qualification would be

applied for purposes of qualifying for a moratorium permit is less than

or equal to the maximum LOA of the original qualifying vessel.

An initial administrative determination to deny the issuance of a

moratorium permit will be explained in writing to the permit applicant,

and the denial may be appealed following the procedures set forth at 50

CFR 676.25. A written appeal must be submitted to the Alaska Region,

NMFS, within 60 days after the date that the determination was made. An

initial administrative determination to deny an application for a

permit will include a letter of authorization to the applicant

authorizing the affected vessel to operate as if the application were

approved pending appeal. The temporary authority granted by the letter

of authorization will expire on the effective date of the final agency

action on the appeal. The final agency action on the appeal, for

purposes of judicial review, occurs at the end of the 60-day appeal

period if no appeal were filed, or 30 days after the appellate

officer's decision is issued, except as provided at 50 CFR 676.25. No

appeal is provided for a denial of approval of a transfer of moratorium

qualification. The maximum LOA restrictions would be too easily

circumvented and the purpose of the moratorium undermined if appeals of

denials of approvals of transfer were allowed. An administrative

determination to deny approval of a transfer of a moratorium

qualification and the issuance of a permit based on that moratorium

qualification will be the final agency action for purposes of judicial

review.

Changes From the Proposed Rule

The vessel moratorium implemented by this rule is described in the

notice of proposed rulemaking published on May 12, 1995. The principal

parts of the vessel moratorium remain as discussed in that notice. NMFS

made changes regarding applications for fisheries permits and the

duration of moratorium permits. NMFS also made editorial and formatting

changes for clarity.

1. An application for a Federal Fisheries Permit must be submitted

annually. This application provides NMFS with specific information

regarding the vessel, fisheries, vessel operations, and owner. This

information is necessary to maintain accurate and up-to-date records of

the currently active vessels in the groundfish fisheries

[[Page 40768]]

and is necessary for management of the fishery. One application form is

used to apply for both the Federal Fisheries Permit and the Federal

Moratorium Permit and only one form needs to be submitted to apply for

both in 1996.

2. Moratorium permits were proposed to be valid only for the

calendar year for which they were issued, which would have required an

annual renewal to confirm the validity of the vessel's qualification.

Under the final rule, a moratorium permit, once issued, will remain

valid for most vessels through December 31, 1998 (for some vessels

through December 31, 1997, with renewal allowed for 1998 if the vessel

makes a legal landing of a moratorium species in 1996 or 1997), or

until the moratorium qualification on which the permit is based is

transferred. The owners of most vessels with a moratorium permit are

not required to provide information regarding moratorium qualification

again during the temporary moratorium period.

Response to Comments

Twelve letters of comment were received on the proposed rule before

the end of the comment period. The following paragraphs summarize and

respond to those comments.

Comment 1: The proposed cutoff date for determining the replacement

of a moratorium-qualified vessel that was lost or destroyed should be

concurrent with the beginning of the qualifying period. As proposed,

the qualifying period begins January 1, 1988, but a qualified vessel

lost before January 1, 1989, loses its moratorium qualification and a

transfer of it would not be possible. The proposed date of January 1,

1989, appears arbitrary and capricious because it is inconsistent with

the qualifying period dates. If the date of January 1, 1989, is adopted

for determining the replacement of lost or destroyed vessels, then an

exception should be made in cases where the purchase of the fishing

rights of a sunken vessel were made before the Council took its action

to establish that date.

Response: The cutoff date of January 1, 1989, for replacing or

salvaging a lost or destroyed vessel has a rational basis and is not

arbitrary and capricious. In recommending this date, the Council

reasoned that the owner of a vessel lost or destroyed before 1989

likely would have received insurance claims and replaced the vessel or

begun salvage operations within the remaining qualifying period. If

this had not happened, then the vessel owner probably did not intend to

continue participation in the moratorium fisheries as a vessel owner.

This measure provides a means of reducing the size of the qualifying

fleet by excluding lost or destroyed vessels that were not replaced or

salvaged within a reasonable period of time before the end of the

qualifying period on February 9, 1992. The Council recommended this

date in its initial moratorium proposal (June 3, 1994, 59 FR 28827) in

which the qualifying period was January 1, 1980, through February 9,

1992. The Council's revised amendment proposal changed the qualifying

period to January 1, 1988, through February 9, 1992. Although the

beginning of the revised qualifying period and the vessel replacement

cutoff date are only 1 year apart, the rationale for the cutoff date

remains appropriate and reasonable. The purchase of moratorium

qualification before the Council acted in June 1992, to propose a

moratorium was highly speculative. No one knew at that time what the

conditions and criteria for qualification would be or whether NMFS

would approve the moratorium proposal. Limiting speculative investment

in fishing capacity is an objective of the moratorium. An exception to

the vessel replacement cutoff date would reward such speculation.

Comment 2: Any sunken vessel that has not been replaced within 3 to

4 years of its sinking should be disqualified from transferring its

moratorium qualification. Further, any vessel owner who constructs a

new vessel after having one sink should have the new vessel counted as

the replacement vessel to prevent him from qualifying the new vessel

and selling the fishing rights of the sunk vessel separately which

would bring in two new vessels.

Response: Limiting the replacement of lost or destroyed vessels

during the moratorium is reasonable; however, the moratorium is

scheduled to expire in 3 years. If the Council were to determine that

the moratorium should be extended, then such a measure could be

included in a moratorium renewal proposal. The Council used this

rationale, however, for vessels lost or destroyed during the qualifying

period. The Council proposed a cutoff date, January 1, 1989, which is

about 3 years before the end of the qualifying period. A qualified

vessel lost or destroyed before the cutoff date, but not replaced

during the qualifying period, would be disqualified from receiving a

moratorium permit unless salvage operations had started before June 24,

1992. The moratorium rules provide for replacing vessels lost or

destroyed on or after January 1, 1989, by transferring moratorium

qualification from the lost vessel to a replacement vessel. No

provision is made for replacing a lost or destroyed vessel with two

vessels.

Comment 3: There was no definition of ``length overall'' in the

proposed rule. The rule should clarify how NMFS intends to ascertain a

vessel's current LOA.

Response: The proposed rule, at Sec. 676.2, defined LOA as this

term is defined at Secs. 672.2 and 675.2. NMFS will determine maximum

LOA by relying on Federal and state fishing permit data currently on

file that indicate the original qualifying LOA of a vessel on June 24,

1992. Other documentation of a vessel's LOA may be requested by NMFS,

especially if the maximum LOA is contested or in transfers of

moratorium qualification. Such documentation may include a vessel

survey, builder's plan, state or Federal registration certificate, or

other reliable and probative documents. Fishing for moratorium species

with a vessel that has an LOA in excess of the maximum LOA provided by

the moratorium permit for that vessel is prohibited and would be a

violation of the permit. Investigation of such activity will be an

enforcement function.

Comment 4: If the moratorium qualification of a vessel is purchased

before the effective date of the moratorium, then getting the signature

of the original owner of the moratorium qualification on the transfer

application should be unnecessary providing a copy of the purchase

contract or bill of sale is attached to the transfer application as

required.

Response: The regulations implementing the moratorium qualification

transfer procedure at Sec. 676.5(c) require, in part, a legible copy of

a contract or agreement to transfer moratorium qualification signed by

the affected persons and signatures of the same persons on a transfer

application form. NMFS agrees that obtaining the signature of a former

owner of moratorium qualification on a transfer application may be

difficult if the applicant has lost contact with the former owner. In

such instances, NMFS may waive the required signature of the former

owner of the moratorium qualification on the transfer application if

the signature(s) on the transfer contract or agreement are determined

by NMFS to demonstrate sufficiently the former owner's intent to

relinquish his/her interest in the moratorium qualification to the

transfer applicant. A decision to waive any signature requirement on a

transfer application will be made on a case-by-case basis. Section

676.5(c)(8) has been changed to provide for this discretion.

[[Page 40769]]

Comment 5: The revised qualification period is a marked improvement

over the originally proposed qualification period because it would

remove a significant number of vessels from moratorium qualification.

The proposed moratorium would allow the Council and NMFS to bypass

consideration of another interim license limitation system and to move

directly toward an individual transferrable quota program.

Response: The Council must make the initial determination on the

preferred limited access policy to follow the moratorium, if any. NMFS

will review that policy recommendation, when it is submitted, for

consistency with the Magnuson Act and other applicable laws.

Comment 6: The crossover provisions are too liberal. Crossover

privileges would be accorded to three categories of vessels. There is

no basis for permitting crossovers for the category which consists of

vessels that qualified in only one fishery during the qualifying period

and that any time after February 9, 1992, cross over to the other

fishery using the same type of gear. This crossover provision is

inconsistent with national standards 1, 4, 5, and 6, section 303(b)(6)

of the Magnuson Act, and the purposes of the moratorium because it

would allow hundreds of vessels to enter the groundfish fishery that

did not operate in that fishery during the qualifying period or the

recent past. This will contribute to overcapitalization in the

groundfish fishery.

Response: The limited crossover provision on the revised moratorium

proposal is far less liberal than that originally proposed. Although a

vessel would be allowed to operate in certain crab or groundfish

fisheries in which it had no prior fishing history, the flexibility

afforded this vessel to move between fisheries is limited to using the

same gear type in both fisheries. The number of vessels able to take

advantage of this provision is not likely to overcapitalize seriously

either fishery, relative to current capital in each fishery, during the

effective period of the moratorium. Although this provision may

advantage one group to the detriment of another, it is consistent with

the Magnuson Act because it supports the objectives of the moratorium

and the respective FMPs to allow fishermen flexibility while not

significantly undermining the intent of the moratorium to control

temporarily the growth of fishing effort in the affected fisheries.

Comment 7: The proposed rule does not distinguish between permits

that would allow the landing of incidental catches of moratorium

species while directed fishing for a non-moratorium species and permits

that would allow directed fishing for a moratorium species by exempt

vessels. Retention of a bycatch amount of a moratorium species while

directed fishing for a non-moratorium species should be allowed to

reduce discards of moratorium species.

Response: A Federal fishing permit currently is required to catch

and retain any groundfish species and a State of Alaska fishing permit

is required to catch and retain crab species regardless of whether the

species was taken incidental to a targeted harvest of species other

than groundfish or crab. These basic licensing requirements will

continue under the moratorium. For example, a salmon troller who

intends to retain his bycatch of a moratorium groundfish such as

rockfish, would be required to have a Federal fisheries permit. Hence,

bycatch amounts of a moratorium species will be retainable. The

proposed rule provided for this by requiring (for groundfish) either a

Federal fisheries permit or a moratorium permit. As changed in the

final rule, both permits are required for vessels targeting moratorium

species, but only the Federal fisheries permit is required of exempt

vessels. The effect is the same, however.

Comment 8: The proposed moratorium is necessary as an interim

measure to limit fishing capacity pending the establishment of an

individual transferrable quota system that will lead to a much-needed

reduction in fishing capacity and an end to the dangerous and

destructive race for fish prevailing in the current open access system.

Response: Comment noted. At its meeting in June 1995, the Council

approved license limitation as the recommended limited access system to

follow the moratorium. NMFS will review that recommendation for

consistency with the Magnuson Act and other applicable laws, and

provide opportunity for public comment.

Comment 9: The proposed moratorium cuts out vessels that have a

substantial history of participation in the crab fishery while allowing

entry into that fishery, and the fixed-gear fishery for cod, a large

number of vessels with no history of participation. The moratorium was

designed to prevent new entrants, and not cut out past participants,

while the Council developed a long-range plan. Instead, it has cut out

vessels that relied on previously published control date notices. The

revised moratorium ignores the primary concern of NMFS in disapproving

the original proposal in that the proposed crossover provisions would

allow a vessel with no prior history in a moratorium fishery to enter

that fishery based on participation in a different moratorium fishery.

The crossover provision would incorrectly treat a vessel entering a

fishery in which it has never operated on par with a vessel resuming

operations in or re-entering the same fishery. The crossover provision

would unfairly expand the fishing privileges of one class of vessel

while restricting opportunity for another. This ignores the ``fair and

equitable'' requirement of national standard 4. Further, it ignores

present participation, historical fishing practices, and the economics

of the fishery in violation of section 303(b)(6) of the Magnuson Act.

The analysis of the proposed moratorium ignored the fact that vessels

that pioneered the Bering Sea crab fishery have exited that fishery

because many crab stocks have been depressed since the 1980's.

Response: The moratorium was designed to prevent new entrants into

the affected fisheries, but it also was designed to prevent the re-

entry of historical vessels that had not participated in one of these

fisheries within a reasonable period of time. The Council and NMFS

determined that participation during the period January 1, 1988,

through February 9, 1992, was a reasonable period of time for a vessel

to qualify given the objective of the moratorium. Providing for

historical vessels through a qualifying period that begins on January

1, 1980, as originally proposed, would have defeated the objective of

the moratorium by qualifying a fleet substantially larger than that

operating in any one year. This was one reason for NMFS' disapproving

the original moratorium proposal. As approved, the moratorium

implementing regulations would allow a vessel that ``pioneered'' the

BSAI Area crab fishery in the early 1980's to re-enter that fishery if

the vessel had made a legal landing in any groundfish fishery during

the qualifying period with pot gear. The vessel also could re-enter the

BSAI Area crab fishery if it had made a legal landing in any groundfish

fishery during the qualifying period and also made a legal landing in

the BSAI Area crab fishery during the period February 10, 1992, through

December 11, 1994. If this vessel made no legal landings of BSAI Area

crab during the period January 1, 1988 through December 11, 1994,

however, then it is arguably no longer dependent on that fishery

despite its early history. The allowance of certain vessels with no

history in the

[[Page 40770]]

BSAI Area crab fishery to enter that fishery for the first time under

the moratorium provides limited flexibility for vessels to move between

the groundfish and BSAI Area crab fisheries. This flexibility is

limited to vessels using the same type of gear in both fisheries (e.g.,

pot gear). This limited crossover provision is fair and equitable. Even

though it provides advantages to one group to the detriment of another,

it is justified in terms of the objective of the moratorium and the

respective FMPs. The analysis of the proposed moratorium includes

numbers of vessels that would be affected by moratorium alternatives

with different qualifying periods.

Comment 10: The Alaska Board of Fisheries adopted its crab pot

limitation to be consistent with the vessel lengths described in the

moratorium proposed by the Council. Some vessel owners may increase the

length of their vessels to carry more pots while maintaining the

moratorium qualification of their vessels. The moratorium rule should

address this issue and clearly state that such lengthening would not be

allowed under the moratorium.

Response: The moratorium rule relies on the existing LOA definition

in 50 CFR parts 672 and 675. That definition states that the LOA of a

vessel means ``the horizontal distance, rounded to the nearest foot,

between the foremost part of the stem and the aftermost part of the

stern, excluding bowsprits, rudders, outboard motor brackets, and

similar fittings or attachments.'' If the LOA of a vessel exceeds its

maximum LOA, then that vessel would be denied a moratorium permit, or

if a moratorium permit were issued before the vessel length was

increased to exceed its maximum LOA, then the permit would be

invalidated. The moratorium regulations do not prohibit a vessel from

changing its LOA from its original qualifying LOA, however, a vessel

must be equal to or less than its maximum LOA to be issued or hold a

valid moratorium permit.

Comment 11: There was a lack of public review and timely analysis

associated with the Council's adoption of the moratorium. The time

allowed for public comment on the proposed rule was too restrictive and

unnecessarily abbreviated. Twenty days for public comment on an issue

as significant to the fishery as is the moratorium is unreasonable,

especially when the individual listed in the proposed rule notice as

the contact for further information was absent from his NMFS office for

all but 3 days of the 20-day public comment period. The convenience of

the public seems to have been ignored. One letter requested additional

time in which to comment.

Response: NMFS determined that a 20-day public comment period on

the proposed rule was sufficient. The moratorium proposal was a

revision of a previously published proposal (59 FR 28827, June 3, 1994)

on which there was a 45-day comment period. Further, the moratorium

proposal has been an issue of public interest and expression ever since

the Council took its initial action on it in June 1992. Ample time has

been provided for public comment on this issue to the Council and to

NMFS. NMFS temporarily assigned another individual, who also was

familiar with the moratorium proposed rule, to serve in the absence of

the individual listed as the contact for further information. Public

queries about the proposed rule to the contact phone number and address

during the comment period were addressed.

Comment 12: Financial arrangements should not be disrupted by

allowing moratorium qualifications to be transferred without regard to

the legitimate interests of those who rely on the value of the vessel,

together with its right to fish, in extending credit to the vessel

owner. The mandatory requirements for an application for transfer in

proposed Sec. 676.5(c) should be amended to include consent of

mortgagees of record. There is precedent in maritime law for requiring

mortgagee consent before action is taken that could jeopardize the

mortgagee's interest in a vessel. The addition of such a requirement

could be easily administered by relying on U.S. Coast Guard records and

requiring an applicant to provide a Coast Guard certificate of

ownership and consent of any mortgagees of record with a transfer

application.

Response: The mortgagee's interest in a vessel could be protected

by including, in the mortgage agreement or contract, a requirement that

the vessel owner secure the approval of the mortgagee before

transferring ownership of the vessel or its moratorium qualification to

another person. The regulatory burden of complying with the moratorium

qualification transfer requirements will be lessened to the extent that

the mortgagee's interest in the vessel can be protected without

government intervention through a private agreement.

Comment 13: The proposed qualifying period neither provides for a

fair and equitable allocation of fishing privileges, nor reasonably

considers present participation. The qualifying period is based

predominantly on economic and social factors that existed before June

1992 and ignores current economic conditions. Investments and

participation that occurred in the groundfish and crab fisheries in the

past 3 years were legal and reasonable, but are ignored by the

qualifying period. The qualifying period should be modified to allow

for present participants to be included under the moratorium.

Response: The Council and NMFS have taken present participation

into account in establishing the qualifying period. The initially

proposed qualifying period, January 1, 1980, through February 9, 1992,

would have allowed an excessive number of vessels to qualify. After

disapproval of the original moratorium proposal, the Council revised

the qualifying period to January 1, 1988, through February 9, 1992.

This change gave more weight to the vessels participating in the latter

part of the original qualifying period. At its meeting in September

1994, the Council considered but chose not to extend the qualifying

period through 1993. The Council made clear that it wanted to maintain

its cutoff date of February 9, 1992, and did not want to reward persons

who entered new vessels into the fisheries after that date by including

them in the qualifying period. The Council and NMFS adequately notified

the fishing industry that the future fishing privileges of new vessels

entering the fisheries under Council authority were at risk by control

date notices published September 5, 1990 (55 FR 36302), and June 21,

1993 (58 FR 33798), and the moratorium proposed rule published June 3,

1994 (59 FR 28827). The participation of a qualified vessel in a

fishery that it did not participate in before February 9, 1992, was

acknowledged by the Council in its revised moratorium proposal. This

provision allows, for example, a vessel that qualified by participation

in the groundfish fishery before February 9, 1992, and between February

10, 1992, and December 11, 1994, and that crossed over into the BSAI

Area crab fishery, to continue access to the BSAI Area crab fishery

during the moratorium. This crossover provision takes into account the

investment in qualified vessels since February 9, 1992, but does not

allow for qualification of vessels that began fishing for any

moratorium species for the first time after that date.

One letter submitted after the close of the comment period stated

that the vessel reconstruction provisions and the maximum length

overall provisions amount to unlawful retroactive rulemaking under a

recent U.S. Supreme Court decision, Bowen v.

[[Page 40771]]

Georgetown University Hospital, 488 U.S. 204 (1988). NMFS disagrees.

The vessel reconstruction and length provisions are not retroactive

rules and therefore are not governed by Bowen.

Classification

The Director, Alaska Region, NMFS, has determined that Amendment 23

to the FMP for the Groundfish Fishery of the Bering Sea and Aleutian

Islands Area, Amendment 28 to the FMP for Groundfish of the Gulf of

Alaska, and Amendment 4 to the FMP for Commercial King and Tanner Crab

Fisheries in the Bering Sea and Aleutian Islands Area are necessary for

the conservation and management of the BSAI groundfish and crab

fisheries and the GOA groundfish fisheries and are consistent with the

national standards, other provisions of the Magnuson Act, and other

applicable laws.

The Council prepared a final regulatory flexibility analysis as

part of the regulatory impact review, which indicates that this rule

could have a significant economic impact on a substantial number of

small entities. A summary of this determination is included in the

proposed rule (60 FR 25677, May 12, 1995). A copy of the EA/RIR/FRFA

may be obtained (see ADDRESSES).

This rule involves collection-of-information requirements subject

to the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) that have been

approved by the Office of Management and Budget (OMB) (OMB control

number 0648-0206). This approval expires April 30, 1997. The revised

moratorium proposal would affect fewer vessels. Therefore, the

paperwork burden would be somewhat less than originally estimated for

the original collection-of-information request. The public paperwork

burden for this collection is estimated to average 3.33 hours per

response, including the time needed for reviewing instructions,

gathering and maintaining the data needed, and completing and reviewing

the collection of information that pertains to permit, appeals, and

transfer applications. Send comments regarding this paperwork burden or

any other aspect of the data requirements, including suggestions for

reducing the burden, to NMFS (see ADDRESSES) and to the Office of

Management and Budget, Paperwork Reduction Project (0648-0206),

Washington, DC, 20503 (ATTN: NOAA Desk Officer).

This action has been determined to be not significant for purposes

of E.O. 12866.

List of Subjects

50 CFR Part 671

Fisheries, Fishing, Reporting and recordkeeping requirements.

50 CFR Parts 672, 675, and 677

Fisheries, Reporting and recordkeeping requirements.

50 CFR Part 676

Alaska, Fisheries, Reporting and recordkeeping requirements.

Dated: July 31, 1995.

Gary Matlock,

Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR parts 671, 672,

675, 676, and 677 are amended as follows:

PART 671--KING AND TANNER CRAB FISHERIES OF THE BERING SEA AND

ALEUTIAN ISLANDS

1. The authority citation for 50 CFR part 671 continues to read as

follows:

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

2. Effective September 11, 1995, Sec. 671.2 is amended by adding

the definitions for ``King crab'' and ``Tanner crab'', in alphabetical

order, to read as follows:

Sec. 671.2 Definitions.

* * * * *

King crab means red king crab, Paralithodes camtschatica; blue king

crab, P. platypus; or brown (or golden) king crab, Lithodes aequispina;

scarlet (or deep sea) king crab, L. couesi.

* * * * *

Tanner crab means Chionoecetes bairdi; snow crab, C. opilio;

grooved Tanner crab, C. tanneri; triangle Tanner crab, C. angulatus; or

any hybrid of these Tanner crab species.

3. Effective September 11, 1995, Sec. 671.3 is added to read as

follows:

Sec. 671.3 Relation to other laws.

(a) Foreign fishing. Regulations governing foreign fishing for

groundfish in the Gulf of Alaska are set forth at Sec. 611.92 of this

chapter. Regulations governing foreign fishing for groundfish in the

Bering Sea and Aleutian Islands management area are set forth at

Sec. 611.93 of this chapter.

(b) King and Tanner crab. Regulations governing the conservation

and management of king and Tanner crab also are found in the Alaska

Administrative Code at title 5, chapters 34, 35, and 39.

(c) Halibut fishing. Regulations governing the conservation and

management of Pacific halibut are set forth at part 301 of this title

and part 676 of this chapter.

(d) Domestic fishing for groundfish. Regulations governing the

conservation and management of groundfish in the EEZ of the Gulf of

Alaska and in the Bering Sea and Aleutian Islands management area are

set forth at parts 620, 672, 675, and 676 of this chapter.

(e) Limited access. Regulations governing access to commercial

fishery resources are set forth at part 676 of this chapter.

(f) Marine mammals. Regulations governing exemption permits and the

recordkeeping and reporting of the incidental take of marine mammals

are set forth at Sec. 216.24 and part 229 of this title.

(g) Research plan. Regulations governing elements of the North

Pacific Fisheries Research Plan are set forth at part 677 of this

chapter.

4. Effective January 1, 1996, through December 31, 1998, Sec. 671.4

is revised to read as follows:

Sec. 671.4 Permits.

(a) All processors of Bering Sea and Aleutian Islands area king and

Tanner crab must comply with the permit requirements of Sec. 677.4 of

this chapter.

(b) In addition to any other permits that may be required by

Federal or state regulations, a moratorium permit may be required by

part 676 of this chapter for a vessel of the United States if the

vessel is used to catch and retain king or Tanner crab in the Bering

Sea and Aleutian Islands Area.

PART 672--GROUNDFISH OF THE GULF OF ALASKA

5. The authority citation for 50 CFR part 672 continues to read as

follows:

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

6. Effective September 11, 1995, through December 31, 1995,

Sec. 672.3, paragraph (f) is added to read as follows:

Sec. 672.3 Relation to other laws.

* * * * *

(f) Crab fishing. Regulations governing the conservation and

management of king and Tanner crab in the Bering Sea and Aleutian

Islands Area are set forth at parts 671 and 676 of this chapter, and in

the Alaska Administrative Code at title 5, chapters 34, 35, and 39.

7. Effective January 1, 1996, through December 31, 1998,

Sec. 672.4, paragraphs (a) and (b)(1) introductory text are revised,

and paragraph (k) is added to read as follows:

Sec. 672.4 Permits.

(a) General. No vessel of the United States may be used to fish for

[[Page 40772]]

groundfish in the Gulf of Alaska unless the owner first obtains a

Federal fisheries permit for the vessel issued under this part. The

owner of such vessel must renew the Federal fisheries permit annually.

Federal fisheries permits are issued without charge.

(b) Application. (1) The vessel permit required under paragraph (a)

of this section may be obtained or renewed by submitting to the

Regional Director a written application containing the following

information:

* * * * *

(k) Moratorium permit. In addition to the Federal fisheries permit

required by paragraph (a) of this section and any other permits that

may be required by Federal or state regulations, a moratorium permit

may be required by part 676 of this chapter for a vessel of the United

States if the vessel is used to conduct directed fishing for moratorium

groundfish species, as defined at Sec. 676.2 of this chapter, in the

Gulf of Alaska.

PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA

8. The authority citation for 50 CFR part 675 continues to read as

follows:

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

9. Effective September 11, 1995, through December 31, 1995,

Sec. 675.3, paragraph (f) is added to read as follows:

Sec. 675.3 Relation to other laws.

* * * * *

(f) Crab fishing. Regulations governing the conservation and

management of king and Tanner crab in the Bering Sea and Aleutian

Islands Area are set forth at parts 671 and 676 of this chapter, and in

the Alaska Administrative Code at title 5, chapters 34, 35, and 39.

10. Effective January 1, 1996, through December 31, 1998,

Sec. 675.4, paragraphs (a) and (b)(1) introductory text are revised,

and paragraph (k) is added to read as follows:

Sec. 675.4 Permits.

(a) General. No vessel of the United States may be used to fish for

groundfish in the Bering Sea and Aleutian Islands management area

unless the owner first obtains a Federal fisheries permit for the

vessel issued under this part. The owner of such vessel must renew the

Federal fisheries permit annually. Federal fisheries permits are issued

without charge.

(b) Application. (1) The vessel permit required under paragraph (a)

of this section may be obtained or renewed by submitting to the

Regional Director a written application containing the following

information:

* * * * *

(k) Moratorium permit. In addition to the Federal fisheries permit

required by paragraph (a) of this section and any other permits that

may be required by Federal or state regulations, a moratorium permit

may be required by part 676 of this chapter for a vessel of the United

States if the vessel is used to conduct directed fishing for moratorium

groundfish species, as defined at Sec. 676.2 of this chapter, in the

Bering Sea and Aleutian Islands management area.

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

ALASKA

11. The authority citation for part 676 continues to read as

follows:

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

12. Subpart A is amended by adding Secs. 676.1, 676.2 676.5, and

676.6 effective September 11, 1995, through December 31, 1998 and

Secs. 676.3 and 676.4 are effective January 1, 1996 through December

31, 1998, to read as follows:

Subpart A--Moratorium on Entry

Sec.

676.1 Purpose and scope.

676.2 Definitions.

676.3 Moratorium permits.

676.4 Transfer of moratorium qualification; lost or destroyed

vessels; reconstructed vessels.

676.5 Procedures.

676.6 Prohibitions.

676.7-676.9 [Reserved]

Subpart A--Moratorium on Entry

Sec. 676.1 Purpose and scope.

The sections of this subpart are effective from September 11, 1995,

through December 31, 1998, unless otherwise noted. This subpart

implements a moratorium on the entry of new vessels in the commercial

fisheries for groundfish in the Gulf of Alaska and Bering Sea and

Aleutian Islands management area and in the commercial fisheries for

king and Tanner crabs in the Bering Sea and Aleutian Islands Area.

Sec. 676.2 Definitions.

In addition to the terms in the Magnuson Act and in parts 620, 671,

672, and 675 of this chapter, the terms in this subpart have the

following meanings:

Bering Sea and Aleutian Islands Area means, with respect to

moratorium crab species, the area over which the United States

exercises exclusive fishery management authority as defined at part 671

of this chapter.

Bering Sea and Aleutian Islands management area means, with respect

to moratorium groundfish species, the area over which the United States

exercises exclusive fishery management authority as defined at part 675

of this chapter.

Catcher/processor vessel means a vessel that can be used as a

catcher vessel and that can process or prepare fish to render it

suitable for human consumption, industrial use, or long-term storage,

including, but not limited to, cooking, canning, smoking, salting,

drying, freezing, and rendering into meal or oil, but not including

heading and gutting unless additional preparation is done.

Catcher vessel means, with respect to moratorium groundfish

species, a catcher vessel as defined at parts 672 and 675 of this

chapter, or, with respect to moratorium crab species, a vessel that is

used to catch, take, or harvest moratorium crab species that are

retained on board as fresh fish product at any time.

Directed fishing means, with respect to moratorium groundfish

species, directed fishing as defined at parts 672 and 675 of this

chapter, or, with respect to moratorium crab species, the catching and

retaining of any moratorium crab species.

Gulf of Alaska means, with respect to moratorium groundfish

species, the area over which the United States exercises exclusive

fishery management authority as defined at part 672 of this chapter.

Legal landing means any amount of a moratorium species that was or

is landed in compliance with Federal and state commercial fishing

regulations in effect at the time of the landing.

LOA means length overall as defined at parts 672 and 675 of this

chapter.

Lost or destroyed vessel means a vessel that has sunk at sea or has

been destroyed by fire or other accident and has been reported to the

U.S. Coast Guard on U.S. Coast Guard Form 2692, Report of Marine

Casualty.

Maximum LOA with respect to a vessel's eligibility for a moratorium

permit means:

(1) Except for a vessel under reconstruction on June 24, 1992, if

the original qualifying LOA is less than 125 ft (38.1 m) LOA, 1.2 times

the original qualifying LOA or 125 ft (38.1 m), whichever is less;

(2) Except for a vessel under reconstruction on June 24, 1992, if

the original qualifying LOA is equal to or greater than 125 ft (38.1

m), the original qualifying LOA; and

[[Page 40773]]

(3) For an original qualifying vessel under reconstruction on June

24, 1992, the LOA on the date reconstruction was completed, provided

that maximum LOA is certified under Sec. 676.4(e).

Moratorium crab species means species of king or Tanner crabs

harvested in the Bering Sea and Aleutian Islands Area, the commercial

fishing for which is governed by part 671 of this chapter.

Moratorium groundfish species means species of groundfish, except

sablefish caught with fixed gear as defined at Sec. 676.11, harvested

in the Gulf of Alaska or harvested in the Bering Sea and Aleutian

Islands management area, the commercial fishing for which is governed

by parts 672 and 675 of this chapter, respectively.

Moratorium qualification means a transferable prerequisite for a

moratorium permit.

Moratorium species means any moratorium crab species or moratorium

groundfish species.

Original qualifying LOA means the LOA of the original qualifying

vessel on June 24, 1992.

Original qualifying vessel means a vessel that made a legal landing

during the qualifying period.

Person means any individual who is a citizen of the United States

or any United States corporation, partnership, association, or other

entity (or its successor in interest), whether or not organized or

existing under the laws of any state.

Qualifying period means from January 1, 1988, through February 9,

1992.

Reconstruction means a change in the LOA of the vessel from its

original qualifying LOA.

Regional Director means the Director, Alaska Region, NMFS, or an

individual to whom the Regional Director has delegated authority.

Sec. 676.3 Moratorium permits.

This section is effective from January 1, 1996, through December

31, 1998.

(a) General requirement. Except as provided under paragraph (b) of

this section, any vessel used to catch and retain any moratorium crab

species or to conduct directed fishing for any moratorium groundfish

species must have a valid moratorium permit issued for that vessel

under this part on board the vessel at all times it is engaged in

fishing activities. The term of the moratorium permit is for the

duration of the moratorium unless otherwise specified.

(1) A moratorium permit issued under this part is valid only if:

(i) The vessel's LOA does not exceed its maximum LOA;

(ii) The vessel's moratorium qualification has not been

transferred;

(iii) The permit has not been revoked or suspended under 15 CFR

part 904 (Civil Procedures);

(iv) The permit is endorsed for all gear types on board the vessel;

and

(v) The permit's term covers the fishing year in which the vessel

is fishing.

(2) A moratorium permit must be presented for inspection upon the

request of any authorized officer.

(b) Moratorium exempt vessels. A moratorium exempt vessel is not

subject to the moratorium permit requirement of paragraph (a) of this

section and is not eligible for a moratorium permit. A moratorium

exempt vessel may catch and retain moratorium species provided it

complies with the permit requirements of the State of Alaska with

respect to moratorium crab species, Federal permit requirements at

parts 672 and 675 of this chapter with respect to moratorium groundfish

species, and other applicable Federal and State of Alaska regulations.

A moratorium exempt vessel is a vessel in any of the following

categories:

(1) Vessels other than catcher vessels or catcher/processor

vessels;

(2) Catcher vessels or catcher/processor vessels less than or equal

to 26 ft (7.9 m) LOA that conduct directed fishing for groundfish in

the Gulf of Alaska;

(3) Catcher vessels or catcher/processor vessels less than or equal

to 32 ft (9.8 m) LOA that catch and retain moratorium crab species in

the Bering Sea and Aleutian Islands Area or that conduct directed

fishing for moratorium groundfish species in the Bering Sea and

Aleutian Islands management area;

(4) Catcher vessels or catcher/processor vessels that are fishing

for IFQ halibut, IFQ sablefish, or halibut or sablefish under the

Western Alaska Community Development Quota Program in accordance with

regulations at subparts B and C of this part and that are not directed

fishing for any moratorium species; or

(5) Catcher vessels or catcher/processor vessels less than or equal

to 125 ft (38.1 m) LOA that after November 18, 1992, are specifically

constructed for and used in accordance with a Community Development

Plan approved under Sec. 675.27 of this chapter, and are designed and

equipped to meet specific needs that are described in the Community

Development Plan.

(c) Moratorium qualification. A vessel has moratorium qualification

if the vessel is an original qualifying vessel, is not a moratorium

exempt vessel under paragraph (b) of this section, and its moratorium

qualification has not been transferred. A vessel also has moratorium

qualification if it receives a valid moratorium qualification through a

transfer approved by the Regional Director under Sec. 676.4 and that

moratorium qualification is not subsequently transferred.

(d) Moratorium permit endorsements. A moratorium permit will be

endorsed for one or more fishery-specific gear type(s) in accordance

with the endorsement criteria of paragraph (e) of this section. A

fishery-specific gear type endorsement authorizes the use by the vessel

of that gear type in the specified fisheries. Fishing gear requirements

for the Bering Sea and Aleutian Islands Area crab fisheries as set

forth in the Alaska Administrative Code at title 5, chapters 34 and 35;

and fishing gear requirements for the Gulf of Alaska and the Bering Sea

and Aleutian Islands management area groundfish fisheries are set forth

at parts 672 and 675 of this chapter. A moratorium permit may be

endorsed for any one or a combination of the following fishing gear

types:

(1) Trawl, which includes pelagic and nonpelagic trawl gear;

(2) Pot, which includes longline pot and pot-and-line gear; and

(3) Hook, which includes hook-and-line and jig gear.

(e) Gear endorsement criteria. For purposes of this paragraph, from

January 1, 1988, through February 9, 1992, is ``period 1,'' and from

February 10, 1992, through December 11, 1994, is ``period 2.'' Fishery-

specific gear type endorsement(s) will be based on the following

criteria:

(1) Crab fisheries/pot gear endorsement. A moratorium permit for a

vessel may be endorsed for crab fisheries/pot gear if the vessel:

(i) Made a legal landing of a moratorium crab species in period 1;

(ii) Made a legal landing of a moratorium groundfish species with

any authorized fishing gear in period 1, and, in period 2, made a legal

landing of a moratorium crab species; or

(iii) Made a legal landing of moratorium groundfish in period 1

with pot gear.

(2) Groundfish fisheries/trawl gear endorsement. A moratorium

permit may be endorsed for groundfish fisheries/trawl gear if the

vessel:

(i) Made a legal landing of a moratorium groundfish species with

any authorized fishing gear in period 1; or

(ii) Made a legal landing of a moratorium crab species in period 1,

and, in period 2, made a legal landing of a moratorium groundfish

species using trawl gear.

[[Page 40774]]

(3) Groundfish fisheries/pot gear endorsement. A moratorium permit

may be endorsed for groundfish fisheries/pot gear if the vessel:

(i) Made a legal landing of a moratorium groundfish species with

any authorized fishing gear in period 1; or

(ii) Made a legal landing of a moratorium crab species in period 1.

(4) Groundfish fisheries/hook gear endorsement. A moratorium permit

may be endorsed for groundfish fisheries/hook gear if the vessel:

(i) Made a legal landing of a moratorium groundfish species with

any authorized fishing gear in period 1; or

(ii) Made a legal landing of a moratorium crab species in period 1,

and, in period 2, made a legal landing of a moratorium groundfish

species using hook gear.

Sec. 676.4 Transfer of moratorium qualification; lost or destroyed

vessels; reconstructed vessels.

This section is effective from January 1, 1996, through December

31, 1998.

(a) General. A transfer of a vessel's moratorium qualification must

be approved by the Regional Director before a moratorium permit may be

issued for the vessel to which the qualification is transferred. A

moratorium permit is not transferrable or assignable. A fishery-

specific gear type endorsement(s) is not severable from an endorsed

permit. A transfer of moratorium qualification will not be approved by

the Regional Director unless:

(1) A complete transfer application that satisfies all requirements

specified at Sec. 676.5 is submitted;

(2) The LOA of the vessel to which the moratorium qualification is

transferred does not exceed the maximum LOA of the original qualifying

vessel; and

(3) The moratorium permit associated with the moratorium

qualification is not revoked or suspended.

(b) Vessels lost or destroyed in 1988. The moratorium qualification

of a vessel that was lost or destroyed before January 1, 1989, may not

be transferred to another vessel and is not valid for purposes of

issuing a moratorium permit for that vessel, if salvaged, unless

salvage began on or before June 24, 1992, and the LOA of the salvaged

vessel does not exceed its maximum LOA. The moratorium qualification of

such a vessel is not valid for purposes of issuing a moratorium permit

for 1998 unless that vessel is used to make a legal landing of a

moratorium species from January 1, 1996 through December 31, 1997.

(c) Vessels lost or destroyed from 1989 through 1995. The

moratorium qualification of any vessel that was lost or destroyed on or

after January 1, 1989, but before January 1, 1996, is valid for

purposes of issuing a moratorium permit for that vessel, if salvaged,

regardless of when salvage began provided that the vessel has not

already been replaced and the LOA of the salvaged vessel does not

exceed its maximum LOA. The moratorium qualification of any vessel that

was lost or destroyed on or after January 1, 1989, but before January

1, 1996, may be transferred to another vessel provided the LOA of that

vessel does not exceed the maximum LOA of the original qualifying

vessel. The moratorium qualification of such a vessel is not valid for

purposes of issuing a moratorium permit for 1998 unless that vessel is

used to make a legal landing of a moratorium species from January 1,

1996 through December 31, 1997.

(d) Vessels lost or destroyed after 1995. The moratorium

qualification of any vessel that was lost or destroyed on or after

January 1, 1996, is valid for purposes of issuing a moratorium permit

for that vessel, if salvaged, regardless of when salvage began provided

that the vessel has not already been replaced and the LOA of the

salvaged vessel does not exceed its maximum LOA. The moratorium

qualification of any vessel that is lost or destroyed on or after

January 1, 1996, may be transferred to another vessel providing the LOA

of that vessel does not exceed the maximum LOA of the original

qualifying vessel.

(e) Reconstruction. The moratorium qualification of a vessel is not

valid for purposes of issuing a moratorium permit if, after June 23,

1992, reconstruction is initiated that results in increasing the LOA of

the vessel to exceed the maximum LOA of the original qualifying vessel.

For a vessel whose reconstruction began before June 24, 1992, and was

completed after June 24, 1992, the maximum LOA is the LOA on the date

reconstruction was completed provided the owner files an application

for transfer and the Regional Director certifies that maximum LOA and

approves the transfer based on information concerning the LOA of the

reconstructed vessel submitted under Sec. 676.5(d)(6).

Sec. 676.5 Procedures.

(a) General. An application for a moratorium permit may be

requested from the Restricted Access Management Division, Alaska

Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668. Requests may be

made by telephone by calling 907-586-7202 or 800-304-4846.

(b) Application for permit. With respect to any vessel of the

United States, a moratorium permit will be issued to the owner of the

vessel at the time of the permit application, and who has submitted, to

the address in paragraph (a) of this section, a complete moratorium

permit application that is subsequently approved by the Regional

Director. A complete application for a moratorium permit must include

the following information for each vessel:

(1) Name of the vessel, state registration number of the vessel

and, the U.S. Coast Guard documentation number of the vessel, if any;

(2) Name(s), business address(es), and telephone and fax numbers of

the owner of the vessel;

(3) Name of the managing company;

(4) Valid documentation of the vessel's moratorium qualification if

requested by the Regional Director due to an absence of landings

records for the vessel from January 1, 1988, through February 9, 1992;

(5) Reliable documentation of the vessel's original qualifying LOA

if requested by the Regional Director, such as a vessel survey,

builder's plan, state or Federal registration certificate, fishing

permit records, or other reliable and probative documents that clearly

identify the vessel and its LOA, and are dated before June 24, 1992;

(6) Specification of the fishing gear(s) used from January 1, 1988,

through February 9, 1992, and (if necessary) the fishing gear(s) used

from February 10, 1992, through December 11, 1994;

(7) Specification of the vessel as either a catcher vessel or a

catcher/processor vessel;

(8) If applicable, transfer authorization if a permit request is

based on transfer of moratorium qualification pursuant to paragraph (c)

of this section; and

(9) Signature of the person who is the owner of the vessel or the

person who is responsible for representing the vessel owner.

(c) Moratorium permit issuance. The owner of a vessel of the United

States that has moratorium qualification will be issued a moratorium

permit upon application if the vessel's LOA does not exceed its maximum

LOA.

(d) Application for approval of a moratorium qualification

transfer. An application for approval of a transfer of moratorium

qualification must be completed and the transfer approved by the

Regional Director before an application for a moratorium permit based

on that transfer can be approved. An application for approval of a

transfer and an application for a moratorium permit may be submitted

[[Page 40775]]

simultaneously. A complete application for approval of transfer must

include the following information as applicable for each vessel

involved in the transfer of moratorium qualification:

(1) Name(s), business address(es), and telephone and fax numbers of

the applicant(s) (including the owners of the moratorium qualification

that is to be or was transferred and the person who is to receive or

received the transferred moratorium qualification);

(2) Name of the vessel whose moratorium qualification is to be or

was transferred and the name of the vessel that would receive or

received the transferred moratorium qualification (if any), the state

registration number of each vessel and, if documented, the U.S. Coast

Guard documentation number of each vessel;

(3) The original qualifying LOA of the vessel whose moratorium

qualification is to be or was transferred, its current LOA, and its

maximum LOA;

(4) The LOA of the vessel that would receive or received the

transferred moratorium qualification and documentation of that LOA by a

current vessel survey or other reliable and probative document;

(5) A legible copy of a contract or agreement specifying the vessel

or person from which moratorium qualification is to be or is

transferred, the date of the transfer agreement, names and signatures

of all current owner(s) of the vessel whose moratorium qualification is

to be or was transferred, and names and signatures of all current

owner(s) of the moratorium qualification that is to be or was

transferred;

(6) With regard to vessel reconstruction:

(i) A legible copy of written contracts or written agreements with

the firm that performed reconstruction of the vessel and that relate to

that reconstruction;

(ii) An affidavit signed by the vessel owner(s) and the owner/

manager of the firm that performed the vessel reconstruction specifying

the beginning and ending dates of the reconstruction; and

(iii) An affidavit signed by the vessel owner(s) specifying the LOA

of the reconstructed vessel;

(7) With regard to vessels lost or destroyed, a copy of U.S. Coast

Guard Form 2692, Report of Marine Casualty; and

(8) Signatures of the persons from whom moratorium qualification

would be transferred or their representative, and the persons who would

receive the transferred moratorium qualification or their

representative, unless NMFS determines that the signatures provided

under paragraph (d)(5) of this section satisfy this requirement.

(e) Appeal. (1) The Chief, Restricted Access Management Division,

Alaska Region, NMFS, will issue an initial administrative determination

to each applicant who is denied a moratorium permit by that official.

An initial administrative determination may be appealed by the

applicant in accordance with Sec. 676.25. The initial administrative

determination will be the final agency action if a written appeal is

not received by the Chief, Restricted Access Management Division,

Alaska Region, NMFS, within the period specified at Sec. 676.25(d).

(2) An initial administrative determination that denies an

application for a moratorium permit must authorize the affected vessel

to catch and retain moratorium crab or moratorium groundfish species

with the type of fishing gear specified on the application. The

authorization expires on the effective date of the final agency action

relating to the application.

(3) An administrative determination denying approval of the

transfer of a moratorium qualification and/or denying the issuance of a

moratorium permit based on that moratorium qualification is the final

agency action for purposes of judicial review.

Sec. 676.6 Prohibitions.

In addition to the prohibitions specified in Secs. 620.7, 672.7,

675.7, and 676.16 of this chapter, it is unlawful for any person to:

(a) Submit false or inaccurate information on a moratorium permit

application or application to transfer moratorium qualification;

(b) Alter, erase, or mutilate any moratorium permit;

(c) Catch and retain a moratorium species with a vessel that has a

LOA greater than the maximum LOA for the vessel;

(d) Catch and retain a moratorium species with a vessel that has

received an unauthorized transfer of moratorium qualification;

(e) Catch and retain moratorium crab species or conduct directed

fishing for any moratorium groundfish species with a vessel that has

not been issued a valid moratorium permit, unless the vessel is

lawfully conducting directed fishing for sablefish under subparts B and

C of this part;

(f) Catch and retain moratorium crab species or conduct directed

fishing for any moratorium groundfish species with a vessel that does

not have a valid moratorium permit on board, unless the vessel is

lawfully conducting directed fishing for sablefish under subparts B and

C of this part; and

(g) Violate any other provision of subpart A of this part.

Secs. 676.7-676.9 [Reserved]

PART 677--NORTH PACIFIC FISHERIES RESEARCH PLAN

13. The authority citation for part 677 continues to read as

follows:

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

14. Effective September 11, 1995, Figure 1 to part 677, Federal

Processor Permit Application (Form FPP-1), is removed and reserved.

15. Effective September 11, 1995, Sec. 677.4(b) introductory text

is revised as follows:

Sec. 677.4 Permits.

* * * * *

(b) Application. The permit required under paragraph (a) of this

section may be obtained or renewed by submitting to the Regional

Director a completed Federal Processor Permit Application for each

vessel or processor containing the following information:

* * * * *

[FR Doc. 95-19344 Filed 8-7-95; 10:19 am]

BILLING CODE 3510-22-F