Fisheries of the Exclusive Economic Zone Off Alaska; Addition of Akutan to List of Eligible Communities

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 960501122-6213-02; I.D. 042596A]

RIN 0648-AI46

Fisheries of the Exclusive Economic Zone Off Alaska; Addition of

Akutan to List of Eligible Communities

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS adds the city of Akutan to the list of western Alaska

communities that are eligible to participate in the Community

Development Quota (CDQ) programs, removes the authority to use scales

to weigh total catch in the pollock CDQ fishery, and prohibits

processor vessels from filling fish holding bins above the level of the

viewing port. These actions are necessary to further the objectives of

the CDQ programs. These actions are intended to extend benefits of the

CDQ programs to an additional community and to improve monitoring of

CDQ harvests.

EFFECTIVE DATE: September 9, 1996.

ADDRESSES: Individual copies of the environmental assessment/regulatory

impact review (RIR)/final regulatory flexibility analysis (FRFA)

prepared for this action may be obtained from the Fisheries Management

Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn:

Lori Gravel.

FOR FURTHER INFORMATION CONTACT: David Ham, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

The domestic groundfish fisheries in the exclusive economic zone of

the Bering Sea and Aleutian Islands management area (BSAI) are managed

by NMFS in accordance with the Fishery Management Plan for the

Groundfish Fishery of the Bering Sea and Aleutian Island Area (FMP).

The FMP was prepared by the Council and approved by NMFS under the

Magnuson Fishery Conservation and Management Act (Magnuson Act). The

FMP is implemented by regulations that appear at 50 CFR part 679.

General regulations that also govern the groundfish fisheries appear at

50 CFR part 600.

Community Development Quota programs are in effect in the BSAI for

the pollock, Pacific halibut, and fixed gear sablefish fisheries. Final

rules implementing these programs were published for pollock on

December 12, 1995 (60 FR 63654), corrected at 61 FR 20 (January 2,

1996), and for halibut and sablefish (H/S) on November 9, 1993 (58 FR

59375).

The pollock and H/S CDQ programs apportion a designated percentage

of the annual total allowable catch for pollock, Pacific halibut, and

fixed gear sablefish to separate CDQ reserves that may be allocated to

eligible western Alaska communities. The purpose of the CDQ programs is

to provide the CDQ communities with a means for starting or supporting

commercial seafood activities that will result in ongoing, regionally

based, commercial seafood or related businesses. This final rule

implements the following changes to the CDQ regulations that were

published as a proposed rule in the Federal Register on May 15, 1996

(61 FR 24475):

1. The city of Akutan is added to the list of western Alaska

communities that are eligible to participate in the CDQ programs.

2. The authority for processing vessels to use scales to weigh

total catch in the pollock CDQ fishery is removed.

3. Processor vessels are prohibited from filling fish holding bins

above the level of the viewing port.

Changes from the Proposed Rule

Two changes were made from the proposed rule in the final rule.

First, since publication of the proposed rule, the Federal regulations

implementing Alaska fishery management plans have undergone a

comprehensive consolidation and have been recodified at 50 CFR part 679

(61 FR 31228, June 19, 1996). The proposed rule would have amended the

preconsolidation regulations, the final rule makes the respective

amendments to the consolidated regulations.

Second, one paragraph, Sec. 679.32(e)(1)(vi), was inadvertently

included in the consolidated regulations (50 CFR part 679), but should

have been included in this rule. A correction document was published to

remove the paragraph (61 FR 37843, July 22, 1996). This rule adds this

paragraph, which reads ``The receiving bins must not be filled in a

manner that obstructs the viewing ports or prevents the observer from

seeing the level of fish throughout the bin.''

Response to Comments

A 30-day public comment period on the proposed rule ended on June

13, 1996. Three letters of comment supporting the proposed rule, and

one letter of general comment were received during the comment period.

These four comments are summarized and responded to below.

Comment 1: Three letters of comment were received supporting the

addition of Akutan to the list of eligible CDQ communities.

Response: NMFS notes these comments.

Comment 2: One letter of comment was received requesting NMFS to

consider for the proposed multispecies CDQ program volumetric

measurements for estimating total catch as opposed to total weight

estimations because of the inherent problems with estimating total

weight on processor vessels.

Response: A proposed rule is under development to implement a

proposed FMP amendment that would extend the CDQ program to include

additional species. If approved, NMFS will require the most reliable

method to measure CDQ catches of groundfish.

Classification

NMFS prepared an FRFA as part of the RIR. A copy of this analysis

is available from NMFS (see ADDRESSES). The addition of Akutan to the

list of eligible CDQ communities in the Aleutian Region would affect a

substantial number of small entities, that is, the other five

communities currently participating in the CDQ program. Akutan would be

expected to receive some CDQ support, and support would be reduced for

one or more of the other communities accordingly. While it is possible

that Akutan would receive only a very small allocation and the

resulting reallocations would not have a significant impact, it is more

likely that

[[Page 41745]]

the reallocations would reduce the gross revenues of the other five

communities by more than 5 percent, thus having a significant economic

impact on these entities. It would be speculative to try to predict

specific allocations or impacts. The economic impact on other

communities is not a factor to be considered in determining whether a

particular community is eligible under the CDQ program. Accordingly,

there are no practical alternatives available or that could be

considered to reduce or minimize the economic impact on other

communities if Akutan is added to the list of CDQ communities. The

other aspects of this final rule are not expected to have a significant

economic impact on a substantial number of small entities.

This rule has been determined to be not significant for purposes of

E.O. 12866.

List of Subjects in 50 CFR Part 679

Fisheries, Reporting and recordkeeping requirements.

Dated: August 5, 1996.

C. Karnella,

Acting Program Management Officer, National Marine Fisheries Service.

For reasons set out in the preamble, 50 CFR part 679 is amended as

follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

1. The authority citation for part 679 continues to read as

follows:

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

2. In Sec. 679.30, the last sentence of paragraph (d)(2)(iv) is

revised to read as follows:

Sec. 679.30 General CDQ regulations.

* * * * *

(d) * * *

(2) * * *

(iv) * * * The community of Unalaska is excluded under this

provision.

* * * * *

3. In 679.32, paragraph (e), the introductory text is revised, the

heading for paragraph (e)(1) is removed, paragraph (e)(2) is removed,

paragraphs (e)(1)(i) through (e)(1)(vi) are redesignated as paragraphs

(e)(1) through (e)(6) respectively, current paragraphs (e)(1)(iii)(A)

through (e)(1)(iii)(D) are redesignated as paragraphs (e)(3)(i) through

(e)(3)(iv) respectively, and newly redesignated paragraph (e)(6) is

added as follows:

Sec. 679.32 Estimation of total pollock harvest in the CDQ fisheries

(applicable through December 31, 1998).

* * * * *

(e) Processor vessel measurement requirements. Each processor

vessel participating in the CDQ fishery for pollock must estimate the

total weight of its groundfish catch by the volumetric procedures

specified in this paragraph (e).

* * * * *

(6) Bin viewing port. The receiving bins must not be filled in a

manner that obstructs the viewing ports or prevents the observer from

seeing the level of fish throughout the bin.

4. In Table 7 the heading is revised and the entries under

``Aleutian Region'' are revised, to read as follows: Table 7 to Part

679--Communities Determined to be Eligible to Apply for Community

Development Quotas (Other communities that do not appear on this table

may also be eligible).

Aleutian Region:

1. Akutan

2. Atka

3. False Pass

4. Nelson Lagoon

5. Nikolski

6. St. George

7. St. Paul

* * * * *

[FR Doc. 96-20433 Filed 8-9-96; 8:45 am]

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