Fisheries of the Exclusive Economic Zone Off Alaska; Vessel Moratorium Program

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981016260-9018-02; I.D. 090998B]

RIN 0648-AL20

Fisheries of the Exclusive Economic Zone Off Alaska; Vessel

Moratorium Program

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule to implement Amendment 59 to the

Fishery Management Plan (FMP) for the Groundfish Fishery of the Bering

Sea and Aleutian Islands Management Area (BSAI), Amendment 57 to the

FMP for Groundfish of the Gulf of Alaska, and Amendment 9 to the FMP

for the Commercial King and Tanner Crab Fisheries in the Bering Sea and

Aleutian Islands submitted by the North Pacific Fishery Management

Council (Council). These amendments extend the Vessel Moratorium

Program (VMP) authorized under the subject FMPs from January 1, 1999,

through December 31, 1999. This action is necessary to prevent a 1-year

hiatus between the original expiration of the VMP on December 31, 1998,

and the start of fishing under the License Limitation Program (LLP) on

January 1, 2000. This action is intended to implement approved

amendments to, and further the objectives of, the subject FMPs.

DATES: Effective January 19, 1999.

ADDRESSES: Copies of the Regulatory Impact Review for this action can

be obtained from the Sustainable Fisheries Division, Alaska Region,

NMFS, 709 West 9th Street, Room 453, Juneau, AK 99801, or

P.O. Box 21668, Juneau, AK 99802. Comments on the collection of

information burden estimate or any other aspects of the data collection

of this action can be sent to the preceding address and the Office of

Information and Regulatory Affairs, Office of Management and Budget

(OMB), Washington, DC. 20503 (Attention: NOAA Desk Officer).

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

SUPPLEMENTARY INFORMATION: NMFS manages the U.S. groundfish fisheries

of the Gulf of Alaska (GOA) and the BSAI in the exclusive economic zone

pursuant to the FMPs for groundfish in the respective management areas.

The State of Alaska manages the commercial king crab and Tanner crab

fisheries in the Bering Sea and Aleutian Islands with Federal

oversight, pursuant to the FMP for those fisheries. The Council

prepared the FMPs pursuant to the Magnuson-Stevens Fishery Conservation

and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801, et seq.

Regulations implementing the FMPs appear at 50 CFR part 679. General

regulations at 50 CFR part 600 also apply.

NMFS implemented the VMP through regulations effective January 1,

1996, to impose a temporary moratorium on the entry of new vessels into

the commercial groundfish fisheries in the Exclusive Economic Zone of

the GOA and the BSAI and the commercial king crab and Tanner crab

fisheries in the BSAI (60 FR 40763, August 10, 1995). The purpose of

the VMP originally was, and still is, to curtail increases in fishing

capacity and provide industry stability while additional measures, such

as the LLP, were developed and implemented.

NMFS approved the LLP on September 12, 1997. However, fishing under

the LLP will not begin until January 1, 2000. The extension of the VMP

through December 31, 1999, under this final rule will eliminate the 1-

year hiatus between fishing under the LLP and the expiration of the VMP

on December 31, 1998.

NMFS published a Notice of Availability (NOA) for Amendments 59,

57, and 9 in the Federal Register on September 18, 1998 (63 FR 49892).

The comment period for the NOA ended on November 17, 1998. FMP

amendments were required for this extension because the FMPs specified

an expiration date of December 31, 1998, for the VMP. NMFS published

the proposed rule to implement Amendments 59, 57, and 9 in the Federal

Register on November 13, 1998 (63 FR 63442). NMFS received no comments

on the proposed rule; however, NMFS received one comment from the U.S.

Coast Guard during the comment period for the NOA. The U.S. Coast Guard

indicated that all its enforcement and safety concerns were addressed

by the amendments.

NMFS approved the FMP amendments on December 16, 1998. The

amendments include a provision to eliminate the potential for latent

capacity entering the affected fisheries through a restriction on the

submission of new moratorium permit applications during the extension.

Under the original VMP, an applicant could apply for a new moratorium

permit at any time during the VMP. To date, approximately 1,900

moratorium permits, out of a potential of approximately 3,350 permits,

have been issued. If the VMP were extended without a restriction on

applications, up to 1,450 more moratorium permits could be applied for

and issued. Therefore, this action extending the VMP through December

31, 1999, provides that no person may apply for a new moratorium permit

after the original VMP expiration date of December 31, 1998, unless the

application is based on a moratorium qualification that was used as a

basis for obtaining a moratorium permit issued on or before that date.

Accordingly, NMFS will deny an application for a moratorium permit

received after December 31, 1998, unless the moratorium qualification

on which the application is based has been used as a basis for the

issuance of a moratorium permit.

To reduce the administrative costs of extending the VMP, this

action will extend existing moratorium permits through December 31,

1999, rather than authorizing the reissuance of new permits with the

new expiration date. The only new moratorium permits that will be

issued are those based on moratorium qualification transfers. These new

permits will also expire on December 31, 1999.

[[Page 3652]]

Changes From the Proposed Rule to the Final Rule

The final rule includes changes from the proposed rule that NMFS

does not consider substantial. These changes concern the expiration

date of the purpose and scope of the VMP and its definitions. An

expiration date of December 31, 1998, originally was established for

these items and inadvertently was left unchanged in the proposed rule.

The purpose and scope and definitions are an integral part of the VMP.

Therefore, in the final rule, NMFS corrected the expiration date of the

purpose and scope and the following definitions to December 31, 1999:

Catcher/processor, catcher vessel, directed fishing, maximum LOA,

moratorium crab species, moratorium groundfish species, moratorium

qualification, moratorium species, original qualifying LOA, original

qualifying vessel, person, qualifying period, and reconstruction.

Classification

The Administrator, Alaska Region, NMFS, determined that FMP

Amendments 59, 57, and 9 are necessary for the conservation and

management of the commercial groundfish fishery off Alaska and the

commercial king and Tanner crab fisheries in the BSAI in and off Alaska

and that these FMP amendments are consistent with the Magnuson-Stevens

Act and other applicable laws.

This final rule has been determined to be not significant for

purposes of E.O. 12866.

At the proposed rule stage, the Assistant General Counsel for

Legislation and Regulation of the Department of Commerce certified to

the Chief Counsel for Advocacy of the Small Business Administration

that this rule would not have a significant economic impact on a

substantial number of small entities. No comments were received

regarding this certification. As a result, a regulatory flexibility

analysis was not prepared.

OMB approved a collection-of-information requirement for this rule

subject to the Paperwork Reduction Act (PRA) under control number 0648-

0282. Public reporting burden for applications for moratorium permits,

or to transfer a moratorium permit, are estimated to average 30 minutes

per response, including the time for reviewing instructions, searching

existing data sources, gathering and maintaining the data needed, and

completing and reviewing the collection of information. Send comments

regarding this burden estimate, or any other aspect of this data

collection, including suggestions for the burden, to NMFS and to OMB

(see ADDRESSES).

Notwithstanding any other provision of the law, no person is

required to respond to, and no person shall be subject to a penalty for

failure to comply with, a collection of information subject to the

requirements of the PRA, unless that collection of information displays

a currently valid OMB control number.

The Assistant Administrator for Fisheries, NOAA, finds there is

good cause under 5 U.S.C. 553(d) to waive the 30-day delay in

effectiveness because (1) this rule does not establish any new

requirements with which affected parties must come into compliance, (2)

delay in effectiveness would frustrate the Council's intent to

eliminate a hiatus in the VMP, and (3) delay in effectiveness may cause

confusion to the affected industry concerning VMP requirements.

The President has directed Federal agencies to use plain language

in their communications with the public, including regulations. To

comply with this directive, we seek public comment on any ambiguity or

unnecessary complexity arising from the language used in this final

rule.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Reporting and recordkeeping requirements.

Dated: January 15, 1999.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

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

read 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., and 3631 et seq.

2. In Sec. 679.1, revise the heading of paragraph (c) to read as

follows:

Sec. 679.1 Purpose and scope.

* * * * *

(c) Moratorium on entry (applicable through December 31, 1999). * *

*

(1) * * *

Sec. 679.2 [Amended]

3. In Sec. 679.2, remove the date ``December 31, 1998'' and add in

its place the date ``December 31, 1999'' in the following definitions:

Catcher/processor, paragraph (2)

Catcher vessel, paragraph (2)

Directed fishing, paragraph (2)

Maximum LOA (MLOA), paragraph (1)

Moratorium crab species

Moratorium groundfish species

Moratorium qualification

Moratorium species, paragraph (2)

Original qualifying LOA

Original qualifying vessel

Person, paragraph (3)

Qualifying period

Reconstruction

4. In Sec. 679.4, the heading of paragraph (c), paragraphs

(c)(1)(ii), (c)(1)(iii)(E), (c)(6), and (c)(7) are revised to read as

follows:

Sec. 679.4 Permits.

* * * * *

(c) Moratorium permits (applicable through December 31, 1999)

(1) * * *

(ii) Duration. Notwithstanding the expiration date printed on the

permit, a moratorium permit is valid through December 31, 1999, unless

otherwise specified.

(iii) * * *

(E) The permit's term indicates an expiration of December 31, 1998,

or December 31, 1999.

* * * * *

(6) Application for permit--(i) General. A moratorium permit will

be issued to the owner of a vessel of the United States if he/she

submits to the Regional Administrator a complete application that is

subsequently accepted and approved and if the vessel's LOA does not

exceed the maximum LOA as specified in Sec. 679.2.

(ii) Contents of application. A complete application for a

moratorium permit must include the following information for each

vessel:

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

and the USCG documentation number of the vessel, if any;

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

the owner of the vessel;

(C) Name of the managing company;

(D) Valid documentation of the vessel's moratorium qualification,

if requested by the Regional Administrator due to an absence of

landings records for the vessel from January 1, 1988, through February

9, 1992;

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

if requested by the Regional Administrator, 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 that are dated before June 24,

1992;

[[Page 3653]]

(F) Specifications 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;

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

catcher/processor vessel;

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

based on the transfer of moratorium qualification pursuant to paragraph

(c)(9) of this section; and

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

person who is responsible for representing the vessel owner.

(iii) An application for a moratorium permit received after

December 31, 1998, will be denied unless it is based on a moratorium

qualification for which a moratorium permit was issued on or before

December 31, 1998.

(7) Moratorium qualification--(i) Qualification by landings. A

vessel has moratorium qualification if:

(A) The vessel is an original qualifying vessel based on a legal

landing of moratorium species between January 1, 1988, and February 9,

1992;

(B) The vessel is not a moratorium exempt vessel under paragraph

(c)(2) of this section;

(C) The vessel's moratorium qualification has not been transferred;

and

(D) A moratorium permit for the vessel's moratorium qualification

has been issued based on an application submitted on or before December

31, 1998.

(ii) Qualification by transfer. A vessel has moratorium

qualification if:

(A) The vessel receives a valid moratorium qualification by a

transfer approved by the Regional Administrator under paragraph (c)(9)

of this section;

(B) The vessel is not a moratorium exempt vessel under paragraph

(c)(2) of this section;

(C) The moratorium qualification received by transfer has not been

subsequently transferred; and

(D) A moratorium permit for the vessel's moratorium qualification

has been issued based on an application submitted on or before December

31, 1998.

(iii) Expiration of moratorium qualification. A vessel's moratorium

qualification will expire on December 31, 1998, unless a moratorium

permit has been applied for on or before December 31, 1998, and

subsequently issued based on that moratorium qualification.

* * * * *

[FR Doc. 99-1456 Filed 1-19-99; 4:22 pm]

BILLING CODE 3510-22-F