Fisheries of the Exclusive Economic Zone Off Alaska; Proposed Information Collection; Comment Request; Aleutian Islands Subarea Directed Pollock Fishery, 9856-9869 [05-3788]
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Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Rules and Regulations
(f)(2), (f)(3), and (f)(4) of this AD inoperative.
When the actions required in paragraph (i) of
this AD are accomplished, dispatch with any
of the equipment specified in paragraphs
(f)(1), (f)(2), (f)(3), and (f)(4) inoperative is
allowed in accordance with the provisions
and limitations specified in the Master
Minimum Equipment List (MMEL).
Note 1: The MMELs currently allow flight/
dispatch with any or all of the equipment
specified in paragraphs (f)(1), (f)(2), (f)(3),
and (f)(4) inoperative under certain
conditions. This AD supersedes the MMEL or
the approved Minimum Equipment List
(MEL) for any operator. Paragraph (i) of this
AD provides the required terminating action
for the dispatch restrictions.
(1) Dispatch with Secondary flight display
system inoperative, as allowed in section 34–
2, item 5, of the Dassault F2000EX MMEL or
the Dassault F900EX MMEL, as applicable, is
prohibited.
(2) Dispatch with Non-stabilized magnetic
(standby) compass inoperative, as allowed in
section 34–2, item 6, of the Dassault F2000EX
MMEL or the Dassault F900EX MMEL, as
applicable, is prohibited.
(3) Dispatch with UP–DN manual regulator
in pressurized flight inoperative, as allowed
in section 21–5, item 2, of the Dassault
F2000EX MMEL; or in section 21–5, item 3,
of the Dassault F900EX MMEL; as applicable;
is prohibited.
(4) Dispatch with Digital electronic engine
computers (automatic mode) inoperative, as
allowed in section 73–1, item 1, sub-item 1,
of the Dassault F900EX MMEL is prohibited.
Airplane Flight Manual (AFM) Revision
(g) Within 72 hours after the effective date
of this AD, revise the Limitations section of
the AFM as required in paragraphs (g)(1) and
(g)(2) of this AD, as applicable.
(1) Revise Dassault Falcon F2000EX AFM,
DGT88898, by inserting a copy of Dassault
Temporary Change (TC) 12, dated January 26,
2005.
(2) Revise Dassault Falcon 900EX AFM,
DGT84972, by inserting a copy of Dassault
TC 14, dated January 12, 2005.
Inspection
(h) Within 30 days after the effective date
of this AD, do an inspection to check the
integrity of the avionics systems
communication bus (ASCB) for any faults, in
accordance with the Accomplishment
Instructions of Dassault Service Bulletin
F2000EX–58, dated January 10, 2005; or
Dassault Service Bulletin F900EX–256, dated
January 10, 2005; as applicable. If any fault
is found during the inspection, before further
flight, repair the ASCB in accordance with a
method approved by either the Manager,
International Branch, ANM–116, Transport
Airplane Directorate, FAA; or the European
Aviation Safety Agency (EASA) (or its
delegated agent).
Terminating Action
(i) Within 90 days after the effective date
of this AD, install an avionics software
update to the Honeywell Primus Epic system
in accordance with the Accomplishment
Instructions of Dassault Service Bulletin
F2000EX–59, dated February 2, 2005; or
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Dassault Service Bulletin F900FX–254, dated
February 2, 2005; as applicable. Doing this
software update ends the requirements of
paragraph (h) of this AD, and the dispatch
restrictions and AFM revisions required by
paragraphs (f) and (g) of this AD may be
removed.
Issued in Renton, Washington, on February
14, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–3559 Filed 2–28–05; 8:45 am]
BILLING CODE 4910–13–P
No Reporting Requirement
(j) Although the service bulletins
referenced in this AD specify to submit
information to the manufacturer, this AD
does not include that requirement.
Alternative Methods of Compliance
(AMOCs)
(k) The Manager, International Branch,
ANM–116, has the authority to approve
AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 902
50 CFR Part 679
[Docket No. 041117321–5035–02; I.D.
110904D]
Related Information
RIN 0648–AS37
(l) French emergency airworthiness
directives UF–2005–024, dated January 27,
2005; and UF–2005–025, dated January 27,
2005; also address the subject of this AD.
Fisheries of the Exclusive Economic
Zone Off Alaska; Proposed Information
Collection; Comment Request;
Aleutian Islands Subarea Directed
Pollock Fishery
Material Incorporated by Reference
(m) You must use the service information
that is specified in Table 1 of this AD to
perform the actions that are required by this
AD, unless the AD specifies otherwise. (Only
the title and List of Temporary Changes pages
of Dassault Temporary Changes 12 and 14
contain the document issue date; no other
page of these documents contain this
information.) The Director of the Federal
Register approves the incorporation by
reference of those documents in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. For
copies of the service information, contact
Dassault Falcon Jet, P.O. Box 2000, South
Hackensack, New Jersey 07606. You can
review copies at the Docket Management
Facility, U.S. Department of Transportation,
400 Seventh Street SW., room PL–401, Nassif
Building, Washington, DC; or at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, call (202) 741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
TABLE 1.—MATERIAL INCORPORATED
BY REFERENCE
Service information
Date
Dassault Service Bulletin
F2000EX–58.
Dassault Service Bulletin
F2000EX–59.
Dassault Service Bulletin
F900EX–254.
Dassault Service Bulletin
F900EX–256.
Dassault Falcon 2000EX
Temporary Change 12.
Dassault Falcon 900EX
Temporary Change 14.
January 10, 2005.
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February 2, 2005.
February 2, 2005.
January 10, 2005.
January 26, 2005.
January 12, 2005.
Sfmt 4700
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues a final rule that
implements Amendment 82 to the
Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP). Amendment 82 establishes a
framework for the management of the
Aleutian Islands subarea (AI) directed
pollock fishery. This action is necessary
to implement provisions of the
Consolidated Appropriations Act of
2004 that require the AI directed
pollock fishery to be allocated to the
Aleut Corporation for the purpose of
economic development in Adak, Alaska.
This action is intended to promote the
goals and objectives of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), the FMP, the Consolidated
Appropriations Act of 2004, and other
applicable laws.
The Department of Commerce, as part
of its continuing effort to reduce
paperwork and respondent burden,
invites the general public and other
Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Effective February 24, 2005.
Written comments on the renewal of
collection–of–information must be
submitted on or before May 2, 2005.
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Copies of the
Environmental Assessment/Regulatory
Impact Review (EA/RIR) prepared for
the proposed rule (69 FR 70589,
December 7, 2004), the 2000 FMP level
biological opinion, and the 2001
biological opinion and its June 2003
supplement for the Steller sea lion
protection measures may be obtained by
mail from NMFS Alaska Region, P. O.
Box 21668, Juneau, AK 99802–1668,
Attn: Lori Durall, or from the NMFS
Alaska Region website at
www.fakr.noaa.gov.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted to NMFS, Alaska
Region.
Direct all written comments regarding
the renewal of collection-of-information
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW,
Washington DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Melanie Brown, 907–586–7228 or
melanie.brown@noaa.gov. Requests for
additional information or copies of the
information collection instrument and
instructions should be directed to Patsy
A. Bearden, 907–586–7008 or
patsy.bearden@noaa.gov.
SUPPLEMENTARY INFORMATION: The
groundfish fisheries in the exclusive
economic zone of the Bering Sea and
Aleutian Islands management area
(BSAI) are managed under the FMP. The
North Pacific Fishery Management
Council (Council) prepared the FMP
under the authority of the MagnusonStevens Act, 16 U.S.C. 1801, et seq.
Regulations implementing the FMP
appear at 50 CFR part 679. General
regulations governing U.S. fisheries also
appear at 50 CFR part 600.
The Council submitted Amendment
82 for review by the Secretary of
Commerce. A notice of availability of
the amendment was published in the
Federal Register on November 16, 2004
(69 FR 67107), with comments invited
through January 18, 2005. The proposed
rule for Amendment 82 was published
in the Federal Register on December 7,
2004 (69 FR 70589), with comments
invited through January 21, 2005. Five
letters of comments were received on
the notice of availability and the
proposed rule. Comments are
summarized and responded to under
Comments and Responses, below.
Amendment 82 was approved by the
Secretary of Commerce on February 09,
2005.
ADDRESSES:
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Background
The Consolidated Appropriations Act
of 2004 (Public Law (Pub. L.) 108–199)
was signed into law on January 23,
2004. Section 803 of this law allocates
the AI directed pollock fishery to the
Aleut Corporation for economic
development in Adak, Alaska.
Throughout this preamble, the term
‘‘Aleut Corporation’’ will mean the
Aleut Corporation or its authorized
agent(s) for purposes of describing
activities required for managing the AI
directed pollock fishery.
Public Law 108–199 requires the
Aleut Corporation’s selection of
participants in the AI directed pollock
fishery and limits participation to
American Fisheries Act (AFA) (Pub. L.
105–277, Title II of Division C) qualified
entities and vessels 60 feet (18.3 m) or
less in length overall (LOA) with certain
endorsements. Section 803(b) of Pub. L.
108–199 restricts the annual harvest of
pollock in the AI directed pollock
fishery by vessels 60 feet (18.3 m) LOA
or less to less than 25 percent of the
annual allocation until 2009, and to less
than 50 percent of the annual allocation
prior to 2013. These vessels must
receive 50 percent of the annual
directed pollock fishery allocation
starting in 2013 and beyond.
Amendment 82 includes the measures
necessary to manage the AI directed
pollock fishery.
The Council adopted Amendment 82
in June 2004 and clarified a portion of
its action in October 2004. Amendment
82 revises the FMP to establish the
management framework for the AI
directed pollock fishery. This final rule
implements the following management
provisions for the AI directed pollock
fishery:
1. Restrictions on the harvest
specifications for the AI directed
pollock fishery, including limits on the
size of the annual AI pollock total
allowable catch (TAC), limits on the A
season harvest of TAC, allocation
requirements for vessels 60 feet (18.3 m)
LOA or less, and reallocation provisions
for unharvested amounts of the AI
pollock allocations;
2. Provisions for fishery monitoring,
including the Aleut Corporation’s
selection and NMFS’s approval of
vessels and processors participating in
the AI directed pollock fishery,
restrictions on possession of pollock
from the AI and either the Bering Sea
subarea (BS) or the Gulf of Alaska on a
vessel at one time, scale requirements,
catch monitoring control plans (CMCPs)
for shoreside and stationary floating
processors, and Aleut Corporation’s and
participants’ responsibility for ensuring
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the harvest does not exceed the AI
directed pollock fishery allocation;
3. Reporting requirements; and
4. A new AI Chinook salmon
prohibited species catch limit that,
when reached, closes the directed
pollock fishery in the existing Chinook
salmon savings areas in the AI.
Prior to Pub. L. 108–199, the AI
directed pollock fishery was managed
pursuant to the AFA. The AFA allocated
the AI directed pollock fishery to
specific harvesters and processors
identified in the AFA and specified in
regulations at 50 CFR part 679. Public
Law 108–199 supersedes portions of the
AFA and allocates all the AI directed
pollock fishery to the Aleut Corporation.
Implementation of Pub. L. 108–199
requires the amendment of AFA
provisions in the FMP and in the
regulations at 50 CFR part 679 to
provide for the allocation of the AI
directed pollock fishery to the Aleut
Corporation and for the management of
this fishery.
The allocation of pollock to the AFA
directed pollock fisheries under section
206(b) of the AFA now only pertains to
the BS pollock TAC given that Pub. L.
108–199 fully allocates the AI directed
pollock fishery to the Aleut Corporation.
Thus, AFA restrictions associated with
the directed pollock fishery, including
excessive harvesting and processing
shares under section 210(e) of the AFA,
now apply only to the AFA allocations
of BS pollock.
Similarly, AFA groundfish sideboard
provisions under section 211 of the AFA
do not apply to AFA entities while
those entities are participating in the AI
directed pollock fishery. Groundfish
species taken incidental to the AI
directed pollock fishery are deducted
from the relevant TACs for those
species, and fisheries for those species
are managed by NMFS accordingly.
Comments and Responses
Twelve unique comments from one email regarding Amendment 82 and one
e-mail and three letters regarding the
proposed rule were received. The
comments are summarized and
responded to below.
Comment 1: The comment period for
the proposed rule should be extended
by 120 days.
Response: The commentor provided
no reason for the comment period
extension. Because the commentor
offered no justification for extending the
comment period, and because NMFS
considers the comment period adequate,
the comment period remained 45 days.
Comment 2: All quotas should be cut
by 50 percent this year and 10 percent
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each succeeding year. Marine
sanctuaries must be established.
Response: This action establishes the
management provisions for the AI
directed pollock fishery and does not
specify groundfish harvest levels. The
harvest specifications are established by
separate rulemaking at the beginning of
each year. NMFS encourages the
commentor to submit comments on the
proposed harvest specifications when
they are published in the Federal
Register for public comment in
approximately December of each year.
Additionally, this action does not
address the creation of marine
sanctuaries. The January 2004 draft
environmental impact statement (EIS)
for essential fish habitat discusses the
effects of fishing on sensitive habitat
features and evaluates a range of options
for minimizing adverse effects, such as
closing areas of rockfish habitat to
bottom trawling. Further information on
this draft EIS may be found at the NMFS
Alaska Region website at
www.fakr.noaa.gov.
Comment 3: The Pew Foundation and
United Nations (UN) reports on
overfishing are incorporated into the
comments from this commentor.
Response: This action raises no issues
related to overfishing. NMFS manages
the groundfish fisheries on a sustainable
basis, and notes that no overfishing is
occurring for groundfish stocks off
Alaska. The current condition of
groundfish stocks is detailed in the
Stock Assessment and Fishery
Evaluation reports which are available
on the NMFS Alaska Region website at
https://www.fakr.noaa.gov/npfmc/SAFE/
SAFE.htm. The commentor’s specific
concerns and their relationship to these
reports are not identified. Because no
further details are provided by the
commentor, NMFS is unable to respond
further to this comment.
Comment 4: The commentor provided
a November 18, 2004, Associated Press
article regarding the UN
recommendations for banning of high
seas bottom trawling. The commentor
was concerned that money influences
Council recommendations which allow
the use of fishery resources that are
owned by all of the people of the nation.
Response: This action establishes
management provisions for the AI
directed pollock fishery. Pollock is
harvested using pelagic trawl gear,
which does not have as much of an
impact on the ocean bottom as bottom
trawling gear. The AI directed pollock
fishery is authorized by this final rule in
the exclusive economic zone (EEZ) off
Alaska and not in the high seas that
extend beyond the EEZ. The commentor
did not provide further information
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regarding the relationship between the
UN high seas bottom trawling ban
article and this action.
Even though for-profit entities work
with the Council in developing
recommendations for management of
Alaska groundfish harvest, only the
Department of Commerce has the
approval authority for Council
recommendations. Decisions are made
considering the long term conservation
and sustainability of the resource for the
benefit of the nation.
Comment 5: The commentor
disapproves of, objects to, and opposes
the proposed rule. It does not promote
the Magnuson-Stevens Act. Economic
development can change an area to
resemble an urban area in the United
States. The economic development in
Adak, Alaska is not needed. Adak’s
economic development should not be
supported by overfishing.
Response: Public Law 108–199
requires that, if a directed pollock
fishery is open in the AI, all of the quota
would go to the Aleut Corporation for
economic development in Adak, Alaska.
This is a statutory mandate that cannot
be changed by NMFS. The nature of the
economic development will be decided
by the Aleut Corporation and is unlikely
to resemble large urban areas of the
United States, considering the Aleut
culture and the remote location of Adak.
No overfishing is occurring in the
groundfish stocks off Alaska and
therefore, the AI directed pollock
fishery will not result in overfishing
supporting economic development.
Comment 6: The commentor opposes
NMFS’ action because it will result in
seals, sea lions, and other marine life
being starved or destroyed.
Response: NMFS analyzed the effects
of this action on the human
environment in the EA/RIR for this
action (see ADDRESSES) and found no
significant impacts. NMFS recognizes
that the AI directed pollock fishery may
have impacts on marine mammals and
other sea life, but these effects were
found to be insignificant. Pollock is
harvested using pelagic trawl gear
which has less adverse effect on the
environment than other types of gear.
The pollock fishery has a relatively
small rate of bycatch of other marine
organisms compared to other groundfish
fisheries, and the pollock fishery will be
managed in accordance with the Steller
sea lion protection measures. Fishing
will be conducted 20 nautical miles
from shore in almost all of the AI,
thereby reducing potential interaction
with marine mammals and other
organisms in this sensitive, near-shore
marine habitat. The pollock harvest
amounts will be at or well below the
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acceptable biological catch (ABC),
reducing the potential for competition
for prey with marine mammals.
Comment 7: The inseason
management flexibility to raise and
lower the incidental catch allowance
(ICA) needs to be included in the
regulations for the AI directed pollock
fishery.
Response: NMFS has implemented
this provision in the final rule. Section
679.20(a)(5)(iii)(B)(1)(ii) provides for the
Regional Administrator to determine the
amount of pollock that is needed as
incidental catch in other groundfish
fisheries in the AI and to deduct that
amount from the annual allocation of AI
pollock. The Regional Administrator
should be able to reallocate the AI ICA
during the fishing year if the ICA is not
expected to be fully taken in the same
manner as provided for in the BS fishery
under § 679.20(a)(5)(i)(A)(1). The
provisions in § 679.20(a)(5)(i)(A)(1)
allow the Regional Administrator to
reallocate pollock either to or from the
directed fishing allowance and the ICA
by publication in the Federal Register.
Without a mechanism to reallocate
unharvested ICA, the potential exists
that the unused pollock quota may be
forgone. NMFS agrees that the
regulations should provide for the full
harvest of pollock quota established
through the harvest specifications and
avoid constraints on other groundfish
fisheries from inadequate amounts of
pollock ICA. Therefore, NMFS adds text
to § 679.20(a)(5)(iii)(B)(2)(ii) to authorize
the Regional Administrator to reallocate
anticipated unused ICA to the AI
directed pollock fishery or to reallocate
pollock from the directed pollock
fishery to the ICA during the fishing
year by publication in the Federal
Register.
Comment 8: The Regional
Administrator’s seasonal apportionment
of the ICA should be provided for in the
regulations for Amendment 82.
Response: NMFS has implemented
this provision in the final rule. Proposed
§ 679.20(a)(5)(iii)(B)(3)(i), limits the
harvest of AI pollock in the A season to
no more than 40 percent of the ABC.
This harvest includes the directed
pollock fishery, Community
Development Quota (CDQ) directed
fishing allowance, and the ICA. To
establish the A season directed pollock
fishery allocation within the seasonal
limit, the Regional Administrator must
determine the amount of ICA that will
be necessary to support other
groundfish fisheries during the A
season. Therefore, the final rule is
changed from the proposed rule by
including a provision in
§ 679.20(a)(5)(iii)(B)(2) for the Regional
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Administrator to determine the seasonal
apportionment of the ICA.
Comment 9: The Regional
Administrator should have the
discretion to reapportion amounts of the
ICA between seasons, as provided for
the directed pollock fishery.
Response: NMFS has made changes
from the proposed rule in the final rule
to implement this provision. Because
the Regional Administrator may not be
able to accurately predict the amount of
ICA needed in the A and B seasons, the
Regional Administrator should have
discretion to reapportion the ICA to the
B season, if needed. The final rule will
authorize the Regional Administrator to
adjust seasonal apportionments of the
ICA to ensure other groundfish fisheries
are not constrained by a lack of ICA in
the B season. Therefore,
§ 679.20(a)(5)(iii)(B)(3)(iv) is added to
authorize the seasonal reapportionment
of the ICA.
Comment 10: Non-AFA qualified
catcher/processors and motherships
should be allowed to participate in the
AI directed pollock fishery. The
Council’s recommendation that all
catcher/processors and motherships be
AFA qualified goes beyond the
requirements specified in Pub. L. 108–
199, which restricted only the harvest of
pollock to AFA qualified vessels greater
than 60 feet (18.3 m) in length overall
(LOA). No justification or rationale was
provided by the Council for why
catcher/processors and motherships
should be AFA qualified.
Requiring all catcher/processors and
motherships to be AFA qualified
hinders the economic development of
Adak, Alaska. The head-and-gut fleet
operating in the AI have several catcher/
processors that could be available to
process pollock. The inclusion of these
vessels in the directed pollock fishery
would provide the Aleut Corporation
additional alternatives for processing
their pollock allocation, particularly for
the small vessel fleet. Small catcher
vessels could pass pollock harvests to
the non-AFA qualified catcher/
processors for processing. Allowing
non-AFA qualified catcher/processors
would provide additional locations for
processing small vessel fleet pollock.
Additional processing locations for the
small vessel fleet have important safety
and economic considerations based on:
(1) the limited areas for fishing due to
the Steller sea lion protection measures,
(2) the severe winter weather in the AI,
and (3) the potential for harvested
pollock to be stranded on the catcher
vessel if AFA qualified catcher/
processors or motherships are engaged
in the BS pollock fishery.
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Response: The Council recommended
that all catcher/processors and
motherships participating in the AI
directed pollock fishery be AFA
qualified to ensure adequate monitoring
provisions are used for the management
of this quota-based fishery. These
vessels are required to maintain AFA
pollock monitoring requirements if they
are used to participate in the AI directed
pollock fishery. The Council
recommendations do not conflict with
the provisions of Pub. L. 108–199.
NMFS has determined that the
Council’s recommendation is necessary
to ensure accurate monitoring and
verification of the harvest of the AI
directed pollock fishery allocation.
Vessels within the head-and-gut fleet
are not required to meet the same
monitoring requirements as AFAqualified catcher/processors and
motherships, and therefore, do not meet
the monitoring needs to ensure effective
management of the directed pollock
fishery allocation.
NMFS agrees that special
considerations will be needed for the
small vessel fleet participating in this
fishery. We also are concerned about the
safety for small vessels in offshore
waters during the winter and about the
monitoring of catch from such vessels.
This will be particularly important
when the small vessel fleet is allocated
50 percent of the directed pollock
fishery starting in 2013. NMFS will
continue to work with the Council and
industry to review the effectiveness of
the provisions for the AI directed
pollock fishery and will seek ways to
balance the economic, safety, and
monitoring concerns of this program.
Comment 11: Non-AFA qualified
stationary floating processors should not
be required to have a CMCP, as required
for shoreside processors. Catcher/
processors acting as motherships should
have to meet the AFA mothership
standards for observer coverage.
Requiring a CMCP for non-AFA
qualified catcher/processors is
completely unreasonable.
Response: Under § 679.4 (b) and (f),
Federal fisheries permits may be issued
for catcher vessels, catcher/processors,
and motherships for groundfish harvest,
and Federal processor permits may be
issued for shoreside processors and
stationary floating processors.
Stationary floating processors are
vessels of the United States operating as
processors in the Alaska State waters
that remain anchored or otherwise
remain stationary in a single geographic
location while receiving or processing
groundfish harvested in the GOA or
BSAI. A catcher/processor cannot be
used as a stationary floating processor
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9859
unless it meets the permitting and single
geographic location requirements of a
stationary floating processor. NMFS
agrees that all catcher/processors and
motherships processing pollock from
the AI directed pollock fishery should
meet AFA observer requirements.
CMCPs are required only for shoreside
processors and stationary floating
processors to ensure that all catch is
sorted and weighed and to ensure the
facilities and practices to support an
observer are provided. The practices
used for processing pollock at shoreside
processors and stationary floating
processors are similar, and therefore, the
CMCP requirement is applied to both
types of processing facilities.
Comment 12: The December 2004
allocation of groundfish in the BSAI
resulted in an increase of 4,460 mt for
BS pollock and a reduction of nonpollock fisheries by the same amount to
ensure the 2 million mt optimum yield
is not exceeded. The Council policy
requires funding the AI pollock
allocation by reducing the BS pollock
allocation. By increasing the BS pollock
allocation in the harvest specifications
and subsequently reducing the nonpollock fisheries allocations, the nonpollock fisheries are funding the AI
pollock allocation. Any unused AI
pollock should be returned to the BS
fisheries in proportion to the funding,
approximately 75 percent for the BS
pollock fishery and 25 percent for the
non-pollock fisheries. This may be
accomplished by reallocating the
unused AI pollock funded from the nonpollock fisheries into a non-specified
reserve available to the non-pollock
fisheries.
Response: The proposed BS pollock
initial TAC was 1,327,005 mt (69 FR
70974, December 8, 2004), and the final
initial TAC recommended by the
Council is 1,330,650 mt. The Council
has recommended a final initial pollock
TAC 3,645 mt higher than the proposed
initial TAC for BS pollock. NMFS has
not yet published final initial TACs for
the groundfish fisheries, but is aware
that the sum of the harvest levels must
not exceed the 2 million mt optimum
yield maximum.
Each year, NMFS considers the
Council’s harvest recommendations for
the groundfish fisheries. The Council’s
policy for funding the AI directed
pollock fishery from the BS pollock
fishery is specified in Amendment 82 to
the FMP. The Council recommended
that all unharvested AI pollock be
reallocated to the BS pollock fishery
because the intent is to restore the
pollock harvest to the BS pollock
fishery. Thus, the Council has
recommended that unused AI pollock
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be reallocated to the BS pollock fishery
rather than attempting complicated
proportional reallocations. NMFS
approved this policy as a provision of
Amendment 82.
Regulatory Amendments and Changes
from the Proposed Rule in the Final
Rule
Detailed descriptions of the regulatory
amendments required to implement the
management provisions for the AI
directed pollock fishery pursuant to
Amendment 82 and Pub. L. 108–199
were published in the proposed rule for
this action (69 FR 70589, December 7,
2004). Several changes are made in the
final rule from the proposed rule, as
detailed below.
Section 679.4 Permits
Proposed § 679.4(m)(2) specifies the
information that the Aleut Corporation
would have been required to submit to
NMFS in the application for approval of
each participant in the AI directed
pollock fishery. For stationary floating
processors and shoreside processors this
information would have included an
approved CMCP (proposed
§ 679.4(m)(2)(iii)). NMFS has
determined that submission of the
CMCP at the time of application for
participant approval is an unwarranted
burden, and therefore, does not
implement proposed § 679.4(m)(2)(iii)
in this final rule. However, submission
and approval of a CMCP is nevertheless
required as proposed before a shoreside
processor or a stationary floating
processor may lawfully process pollock
harvested in the AI directed pollock
fishery (see §§ 679.7(l)(3)(iii) and
679.28(g)(2)).
Section 679.20 General Limitations
Based on comments received, three
changes are made to the proposed
provisions for the management of the
incidental catch allowance (ICA) in
paragraph (a)(5)(iii) which establishes
the AI pollock allocations and seasonal
apportionments. See the responses to
Comments 7, 8 and 9 above for details.
Section 679.21 Prohibited Species
Bycatch Management
The proposed rule included a separate
Chinook salmon prohibited species
catch (PSC) limit of 700 fish for the AI
directed pollock fishery. If the amount
of Chinook salmon bycatch in the AI
subarea were to exceed the 700 fish
limit, only the AI portion of the Chinook
salmon savings areas would be closed
(area 1 on Figure 8 to 50 CFR part 679).
Under paragraph (e)(1)(i), 7.5 percent
of each PSC amount is allocated to the
CDQ fisheries. PSC restrictions for the
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CDQ program are based on the portions
of the PSC amounts allocated to the
CDQ program. Because the CDQ sector
will be harvesting pollock in the AI, a
portion of the salmon PSC limit must be
allocated to the CDQ sector to ensure
that CDQ participants also will be
subject to the salmon area closure based
on the PSC limit established for the
CDQ sector. Therefore, NMFS revises
paragraph (e)(1)(i) accordingly.
monitoring or enforcement concern at
this time.
Classification
The Regional Administrator
determined that Amendment 82 is
necessary for the conservation and
management of the BSAI groundfish
fishery and that it is consistent with the
Magnuson-Stevens Act and other
applicable laws.
The AI directed pollock fishery will
Section 679.60 Authority and Related
remain closed until the effective date of
Regulations
the final rule. The Council made final
recommendations for this program in
The citation for the Department of
October 2004, and NMFS commenced
Transportation regulations that
the rulemaking process as soon as
implement provisions of the AFA is
corrected in the final rule to 46 CFR part possible after receiving the
recommendations. Pollock harvested in
356.
the early part of the year usually bears
Section 679.63 Catch Weighing
roe which is one of the most valuable
Requirements for Vessels and Processors components of the total pollock harvest
The proposed rule revised paragraph
in the year. In 2005, the pollock roe is
(c) to remove references to AI pollock
maturing at a faster rate than anticipated
for AFA inshore processors’
and is likely to reach peak maturity at
requirements for catch weighing,
the end of February.
observer coverage, and prior
All of the participants in the AI
notification. AI pollock likely will not
directed pollock fishery are AFA vessels
be processed by any inshore facilities in which also are used in the Bering Sea
2005. The only inshore facilities that
pollock fishery. These participants have
may be able to process AI pollock are
completed negotiating their contracts for
AFA qualified facilities in Dutch
Bering Sea and AI pollock harvest for
Harbor. These facilities already meet
the year. Because pollock is more
AFA catch weighing and observer
valuable during the roe producing
requirements for all pollock received
season Bering Sea pollock fishery, a
and can easily provide the same for any short window of opportunity exists in
AI pollock that may be delivered. To
late February and early March for the
ensure consistency in the monitoring of Aleut Corporation to harvest AI pollock.
pollock landed at AFA facilities, NMFS
Industry representatives have stated that
has determined that maintaining the
they are ready to participate in the AI
same level of catch weighing and
directed pollock fishery on February 28,
2005. They will be moving their vessels
observer requirements for all pollock
from the Bering Sea to the AI in
delivered at AFA inshore processors is
necessary. Thus, NMFS has determined preparation for the AI directed pollock
fishery. A delay in the effectiveness of
that the revisions to this section are not
the rule would result in severe
necessary and has removed them in the
economic impact on the AI directed
final rule.
NMFS is further considering catch
pollock fishery participants. The
monitoring and observer provisions for
participants would be unable to harvest
non-AFA qualified shoreside and
AI pollock during the roe season, would
stationary floating processors that may
lose money in moving the vessels to the
process AI pollock and intends to
AI without the opportunity to harvest in
consider additional rulemaking in the
the AI at the time period that they are
future. The level of monitoring and
available, and the lost revenue cannot
verification for a quota-based program
be recovered by pollock harvested at a
such as the AI directed pollock fishery
later time in the year due to less
should be similar to that implemented
valuable fish being available.
The potential loss in revenue would
for AFA fisheries to enhance accurate
prevent the Aleut Corporation from
quota management. Current provisions
meeting the statutory goal of economic
in this final rule do not provide for all
development in Adak, Alaska for this
AI pollock delivered to shoreside and
year. Moreover, the Aleut Corporation
stationary floating processors to be
has worked closely with NMFS and the
observed during catch weighing and
Council in the development of this rule
sorting. Because neither non-AFA
and is aware of its general requirements
shoreside processors nor stationary
and is prepared to meet them. In
floating processors are likely to be used
for the AI directed pollock fishery in the addition, the directed pollock fishery in
the AI has been closed since 1999;
immediate future, NMFS has
consequently, no current participants
determined that this is not a significant
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exist who might require time to conform
ongoing fishing activities to the
requirements of this final rule. For these
reasons, the Assistant Administrator for
Fisheries finds good cause to waive the
30-day delay in effectiveness for the
final rule and makes its provisions
effective upon filing with the Office of
the Federal Register.
This final rule has been determined to
be not significant for the purposes of
Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
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
required and none was prepared.
This final rule contains collection-ofinformation requirements subject to the
Paperwork Reduction Act (PRA) and
which have been approved on February
18, 2005, by Office of Management and
Budget (OMB) under a request for
emergency clearance. Public reporting
burden per response for these
requirements are listed by OMB control
number.
OMB Control No. 0648–0206
Federal fisheries permit application,
21 minutes; Federal processor permit
application, 21 minutes.
OMB Control No. 0648–0213
Weekly production reports, 17
minutes; check-in/check-out report,
shoreside processor, 8 minutes; checkin/check-out report, mothership or
catcher/processor, 7 minutes; daily
production report, 11 minutes; buying
station report, 23 minutes; catcher
vessel trawl gear daily fishing logbook
(DFL), 18 minutes; catcher vessel
longline or pot gear DFL, 28 minutes;
shoreside processor daily cumulative
production logbook (DCPL), 31 minutes;
mothership DCPL, 31 minutes; catcher/
processor longline and pot gear DCPL,
41 minutes; and catcher/processor trawl
gear DCPL, 30 minutes.
OMB Control No. 0648–0330
Inshore processor catch monitoring
and control plan, 40 hours.
OMB control No. 0648–0334
LLP permit, 1 hour.
OMB Control No. 0648–0393
AFA inshore processor permit
application, 2 hours; AFA catcher vessel
permit application, 2 hours; AFA
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mothership, 2 hours; and AFA catcher/
processor permit application, 0 hours.
OMB Control No. 0648–0401
Catcher vessel cooperative pollock
catch report, 5 minutes; shoreside
processor electronic logbook report, 35
minutes.
OMB Control No. 0648–0513
List of participating harvestors and
processors in the AI directed pollock
fishery, 32 hours; copy of NMFS’
approval to participants, 4 hours; and
appeals of NMFS’ disapproval of
participating harvestors or processors, 4
hours. This information collection has
been approved for six months through
an emergency request, and will be resubmitted for approval for a full threeyear period.
Response times include 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 these burden
estimates or any other aspect of this data
collection, including suggestions for
reducing the burden, to NMFS (see
ADDRESSES).
Comments are invited on: (a) whether
the proposed collection-of-information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection-of-information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection-of-information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of 0648–0513; they also will
become a matter of public record.
Notwithstanding any other provision
of 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.
Consultation under the Endangered
Species Act was concluded for
Amendment 82 on October 22, 2004. As
a result of the consultation, the Regional
Administrator determined that fishing
activities under this rule are not likely
to adversely affect endangered or
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9861
threatened species or their critical
habitat. Pollock is an important prey
species for the endangered and
threatened Steller sea lion populations.
The Steller sea lion protection measures
evaluated in the 2000 and 2001
Biological Opinions (see ADDRESSES)
were considered in the development of
the management provisions of
Amendment 82. The protection
measures for Steller sea lions include
spatial and temporal dispersion of
pollock harvest. The pollock fishing
closure areas in the AI would remain
unchanged under Amendment 82 to
ensure spatial dispersion of fishing
effort. To temporally disperse harvest of
prey species, the Steller sea lion
protection measures apportion 40
percent of pollock harvest in the BSAI
to the A season and 60 percent to the
B season. Amendment 82 would
continue to temporally disperse pollock
harvest with no more than 40 percent of
the ABC permitted to be harvested in
the A season. The total harvest of
pollock in the BS, including any
reallocation of unharvested AI pollock,
also will remain well below the ABC so
that overall harvest would be in
proportion to biomass and less likely to
compete with Steller sea lions for prey.
List of Subjects in 15 CFR Part 902 and
50 CFR Part 679
Alaska, Fisheries, Recordkeeping and
reporting requirements.
Dated: February 22, 2005.
Rebecca Lent,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble,
15 CFR part 902, chapter IX, is amended
as follows:
I
15 CFR Chapter IX
PART 902—NOAA INFORMATION
COLLECTION REQUIREMENTS UNDER
THE PAPERWORK REDUCTION ACT
OMB CONTROL NUMBERS
1. The authority citation for part 902
continues to read as follows:
I
Authority: 44 U.S.C. 3501 et seq.
2. In § 902.1, the table in paragraph (b)
is amended by adding under 50 CFR the
following entries in numerical order:
I
§ 902.1 OMB control numbers assigned
pursuant to the Paperwork Reduction Act.
*
*
*
(b) * * *
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*
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CFR part or section where the
information collection requirement is located
*
*
*
*
Current
OMB control number (All
numbers
begin with
0648–)
*
fishery,’’ ‘‘Aleut Corporation,’’ ‘‘Aleut
Corporation entity,’’ and ‘‘designated
contact for the Aleut Corporation’’ are
added in alphabetical order to read as
follows:
§ 679.2
Definitions.
*
*
*
*
AFA catcher/processor means a
catcher/processor permitted to harvest
50 CFR
BS pollock under § 679.4(l)(2).
*
*
*
*
*
AFA catcher vessel means a catcher
vessel permitted to harvest BS pollock
679.4(m)(2)
–0513
under § 679.4(l)(3).
679.4(m)(4)
–0513
AFA crab processing facility means a
*
*
*
*
*
processing plant, catcher/processor,
679.5(q)
–0513
mothership, floating processor or any
*
*
*
*
*
other operation that processes any FMP
species of BSAI crab, and that is
affiliated with an AFA entity that
processes pollock harvested by a catcher
I For reasons set out in the preamble, 50
vessel cooperative operating in the
CFR part 679 is amended as follows:
inshore or mothership sectors of the BS
pollock fishery.
50 CFR Chapter VI
AFA entity means a group of affiliated
PART 679—FISHERIES OF THE
individuals, corporations, or other
EXCLUSIVE ECONOMIC ZONE OFF
business concerns that harvest or
ALASKA
process pollock in the BS directed
pollock fishery.
I 3. The authority citation for part 679 is
AFA inshore processor means a
revised to read as follows:
shoreside processor or stationary
Authority: 16 U.S.C. 773 et seq.; 1540(f);
floating processor permitted to process
1801 et seq.; 1851 note; 3631 et seq.
BS pollock under § 679.4(l)(5).
I 4. In § 679.1, paragraph (k) is revised
AFA mothership means a mothership
to read as follows:
permitted to process BS pollock under
§ 679.4(l)(5).
§ 679.1 Purpose and scope.
*
*
*
*
*
*
*
*
*
*
AI directed pollock fishery means
(k) American Fisheries Act and AI
directed fishing for pollock in the AI
directed pollock fishery measures.
Regulations in this part were developed under the allocation to the Aleut
Corporation authorized at
by NMFS and the Council under the
§ 679.20(a)(5)(iii).
Magnuson-Stevens Act, the American
*
*
*
*
*
Fisheries Act (AFA), and the
Aleut Corporation means the Aleut
Consolidated Appropriations Act of
Corporation incorporated pursuant to
2004 to govern commercial fishing for
the Alaska Native Claims Settlement Act
BSAI pollock according to the
(43 U.S.C. 1601 et seq.).
requirements of the AFA and the
Aleut Corporation entity means a
Consolidated Appropriations Act of
harvester or processor selected by the
2004. This part also governs payment
Aleut Corporation and approved by
and collection of the loan, under the
NMFS to harvest or process pollock in
AFA, the Magnuson-Stevens Act, and
the AI directed pollock fishery.
Title XI of the Merchant Marine Act,
1936, made to all those persons who
*
*
*
*
*
Designated contact for the Aleut
harvest pollock from the directed
Corporation means an individual who is
fishing allowance allocated to the
designated by the Aleut Corporation for
inshore component under section
the purpose of communication with
206(b)(1) of the AFA.
NMFS regarding the identity of selected
I 5. In § 679.2, the definitions for ‘‘AFA
AI directed pollock fishery participants
catcher/processor,’’ ‘‘AFA catcher
vessel,’’ ‘‘AFA crab processing facility,’’ and weekly reports required by § 679.5.
‘‘AFA entity,’’ ‘‘AFA inshore processor,’’ *
*
*
*
*
‘‘AFA mothership,’’ ‘‘designated primary
Designated primary processor means
processor,’’ ‘‘fishery cooperative or
an AFA inshore processor that is
cooperative,’’ ‘‘license limitation
designated by an inshore pollock
groundfish,’’ ‘‘listed AFA catcher/
cooperative as the AFA inshore
processor,’’ and ‘‘unlisted AFA catcher/ processor to which the cooperative will
processor,’’ are revised, and the
deliver at least 90 percent of its BS
definitions for ‘‘AI directed pollock
pollock allocation during the year in
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*
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which the AFA inshore cooperative
fishing permit is in effect.
*
*
*
*
*
Fishery cooperative or cooperative
means any entity cooperatively
managing directed fishing for BS
pollock and formed under section 1 of
the Fisherman’s Collective Marketing
Act of 1934 (15 U.S.C. 521). In and of
itself, a cooperative is not an AFA entity
subject to excessive harvest share
limitations, unless a single person,
corporation or other business entity
controls the cooperative and the
cooperative has the power to control the
fishing activity of its member vessels.
*
*
*
*
*
License limitation groundfish means
target species and the ‘‘other species’’
category, specified annually pursuant to
§ 679.20(a)(2), except that demersal
shelf rockfish east of 140° W. longitude,
sablefish managed under the IFQ
program, and pollock allocated to the
Aleutian Islands directed pollock
fishery and harvested by vessels 60 feet
(18.3 m) LOA or less, are not considered
license limitation groundfish.
*
*
*
*
*
Listed AFA catcher/processor means
an AFA catcher/processor permitted to
harvest BS pollock under § 679.4(l)(2)(i).
*
*
*
*
*
Unlisted AFA catcher/processor
means an AFA catcher/processor
permitted to harvest BS pollock under
§ 679.4(l)(2)(ii).
*
*
*
*
*
I 6. In § 679.4, paragraphs (l)(1)(i),
(l)(5)(iii), (l)(6)(ii)(B), (l)(6)(ii)(C)(2),
(l)(6)(ii)(D)(1)(ii), (l)(6)(ii)(D)(2)(i), and
(l)(6)(ii)(D)(2)(ii) are revised and
paragraph (m) is added to read as
follows:
§ 679.4
Permits.
*
*
*
*
*
(l) * * *
(1) * * *
(i) Applicability. In addition to any
other permit and licensing requirements
set out in this part, any vessel used to
engage in directed fishing for a nonCDQ allocation of pollock in the BS and
any shoreside processor, stationary
floating processor, or mothership that
receives pollock harvested in a nonCDQ directed pollock fishery in the BS
must have a valid AFA permit onboard
the vessel or at the facility location at all
times while non-CDQ pollock is being
harvested or processed. In addition, the
owner of any vessel that is a member of
a pollock cooperative in the BS must
also have a valid AFA permit for every
vessel that is a member of the
cooperative, regardless of whether or
not the vessel actually engages in
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directed fishing for pollock in the BS.
Finally, an AFA permit does not exempt
a vessel operator, vessel, or processor
from any other applicable permit or
licensing requirement required under
this part or in other state or Federal
regulations.
*
*
*
*
*
(5) * * *
(iii) Single geographic location
requirement. An AFA inshore processor
permit authorizes the processing of
pollock harvested in the BS directed
pollock fishery only in a single
geographic location during a fishing
year. For the purpose of this paragraph,
‘‘single geographic location’’ means:
(A) Shoreside processors. The
physical location at which the landbased shoreside processor first
processed pollock harvested from the
BS subarea directed pollock fishery
during a fishing year.
(B) Stationary floating processors. A
location within Alaska state waters that
is within 5 nm of the position in which
the stationary floating processor first
processed pollock harvested in the BS
subarea directed pollock fishery during
a fishing year.
*
*
*
*
*
(6) * * *
(ii) * * *
(B) Designated cooperative processor.
The name and physical location of an
AFA inshore processor that is
designated in the cooperative contract
as the processor to whom the
cooperative has agreed to deliver at least
90 percent of its BS pollock catch;
(C) * * *
(2) The cooperative contract requires
that the cooperative deliver at least 90
percent of its BS pollock catch to its
designated AFA processor; and
*
*
*
*
*
(D) * * *
(1) * * *
(ii) LLP permit. The vessel must be
named on a valid LLP permit
authorizing the vessel to engage in
trawling for pollock in the Bering Sea
subarea. If the vessel is more than 60
feet (18.3 m) LOA, the vessel must be
named on a valid LLP permit endorsed
for the AI to engage in trawling for
pollock in the AI; and
*
*
*
*
*
(2) * * *
(i) Active vessels. The vessel delivered
more pollock harvested in the BS
inshore directed pollock fishery to the
AFA inshore processor designated
under paragraph (l)(6)(ii)(B) of this
section than to any other shoreside
processor or stationary floating
processor during the year prior to the
year in which the cooperative fishing
permit will be in effect; or
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(ii) Inactive vessels. The vessel
delivered more pollock harvested in the
BS inshore directed pollock fishery to
the AFA inshore processor designated
under paragraph (l)(6)(ii)(B) of this
section than to any other shoreside
processor or stationary floating
processor during the last year in which
the vessel delivered BS pollock
harvested in the BS directed pollock
fishery to an AFA inshore processor.
*
*
*
*
*
(m) Participation in the AI directed
pollock fishery—(1) Applicability.
Harvesting pollock in the AI directed
pollock fishery and processing pollock
taken in the AI directed pollock fishery
is authorized only for those harvesters
and processors that are selected by the
Aleut Corporation and approved by the
Regional Administrator to harvest
pollock in the AI directed pollock
fishery or to process pollock taken in
the AI directed pollock fishery.
(2) Annual selection of participants by
the Aleut Corporation. Each year and at
least 14 days before harvesting pollock
in the AI directed pollock fishery or
processing pollock harvested in the AI
directed pollock fishery, a participant
must be selected by the Aleut
Corporation and the following
information for each participant must be
submitted by the designated contact to
the Regional Administrator:
(i) Vessel or processor name;
(ii) Federal fisheries permits number
issued under paragraph (b) of this
section or Federal processor permit
issued under paragraph (f) of this
section; and
(iii) The fishing year which
participation approval is requested.
(3) Participant approval. (i)
Participants must have:
(A) A valid Federal fisheries permit or
Federal processing permit, pursuant to
paragraphs (b) and (f) of this section,
respectively;
(B) A valid fishery endorsement on
the vessel’s U.S. Coast Guard
documentation for the vessel’s
participation in the U. S. fishery; and
(C) A valid AFA permit under:
paragraph (l)(2) of this section for all
catcher/processors, paragraph (l)(3) of
this section for all catcher vessels
greater than 60 ft (18.3 m) LOA, or
paragraph (l)(4) of this section for all
motherships.
(ii) Each participant selected by the
Aleut Corporation that meets the
conditions under paragraph (m)(3)(i) of
this section will be approved by the
Regional Administrator for participation
in the AI directed pollock fishery.
(iii) The Regional Administrator will
provide to the designated contact for the
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9863
Aleut Corporation the identity of each
approved participant and the date upon
which participation in the AI directed
pollock fishery may commence. The
Aleut Corporation shall forward to the
approved participants a copy of NMFS’s
approval letter before harvesting or
processing occurs.
(iv) A copy of NMFS’ approval letter
for participating in the AI directed
pollock fishery during the fishing year
must be on site at the shoreside
processor or stationary floating
processor, or on board the vessel at all
times and must be presented for
inspection upon the request of any
authorized officer.
(4) Participant disapproval. (i) The
Regional Administrator shall disapprove
any participant that does not meet the
conditions under paragraph (m)(3)(i) of
this section. The Regional Administrator
will notify in writing the Aleut
Corporation and the selected participant
of the disapproval. The selected
participant will have 30 days in which
to submit proof of meeting the
requirements to participate in the AI
directed pollock fishery.
(ii) The Regional Administrator will
prepare and send an initial
administrative determinations (IAD) to
the selected participant following the
expiration of the 30-day evidentiary
period if the Regional Administrator
determines that the information or
evidence provided by the selected
participant fails to support the
participant’s claims and is insufficient
to rebut the presumption that the
disapproval for participation in the AI
directed pollock fishery is correct or if
the additional information or evidence
is not provided within the time period
specified in the letter that notifies the
applicant of his or her 30-day
evidentiary period. The IAD will
indicate the deficiencies in the
information required, including the
evidence submitted in support of the
information. The IAD also will indicate
which claims cannot be approved based
on the available information or
evidence. A participant who receives an
IAD may appeal under the appeals
procedures set out at § 679.43. A
participant who avails himself or herself
of the opportunity to appeal an IAD will
receive an interim approval from NMFS
authorizing participation in the AI
directed pollock fishery. An interim
approval based on claims contrary to the
final determination will expire upon
final agency determination.
7. In § 679.5, paragraphs (a)(7)(xv)(F),
(h)(1)(i), (h)(1)(ii)(I), and (q) are added to
read as follows:
I
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§ 679.5
(R&R).
Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Rules and Regulations
Recordkeeping and reporting
If harvest made
under ... program
(a)* * *
(7) * * *
(xv) * * *
*
*
*
Indicate
yes
and
record
the ...
*
Reference
*
n/a
(F) AIP
*
Subpart F to
part 679
*
*
*
*
(h) * * *
(1) * * *
(i) Check-in report (BEGIN message).
Except as indicated in paragraph
(h)(1)(iii) of this section, the operator or
manager must submit a check-in report
according to the following table:
Submit a separate BEGIN message for ...
If you are a ...
Within this time limit
(A) Each reporting area of groundfish harvest,
except 300, 400, 550, or 690
(1) C/P using trawl gear .....
Before gear deployment
(2) C/P using longline or
pot gear.
(3) MS, SS, SFP ................
(F) Processor Type
C/P, MS ..............................
(G) Change of fishing year
C/P, MS, SS, SFP ..............
(H) AIP
(1)C/P .................................
(2) MS, SS, SFP ................
Before gear deployment. May be checked in to more than one
area simultaneously.
Before receiving groundfish. May be checked in to more than
one area simultaneously.
Must check-in to reporting area(s) where groundfish were harvested.
Prior to fishing. Submit one check-in for the COBLZ or RKCSA
and another check-in for the area outside the COBLZ or
RKCSA.
Before receiving groundfish harvested with trawl gear, submit
one check-in for the COBLZ or RKCSA and another check-in
for the area outside the COBLZ or RKCSA.
If in the same reporting area but using more than one gear type,
prior to fishing submit a separate check-in for each gear type.
If harvested in the same reporting area but using more than one
gear type, prior to receiving groundfish submit a separate
check-in for each gear type.
If in the same reporting area but using more than one gear type,
prior to fishing submit a separate check-in for each gear type.
Prior to receiving groundfish CDQ. If receiving groundfish under
more than one CDQ number, use a separate check-in for each
number.
If in an exempted or research fishery, prior to fishing submit a
separate check-in for each type.
If receiving groundfish from an exempted or research fishery,
prior to receiving submit a separate check-in for each type.
If a catcher/processor and functioning simultaneously as a
mothership in the same reporting area, before functioning as
either processor type.
If continually active through the end of one fishing year and at
the beginning of a second fishing year, submit a check-in for
each reporting area to start the year on January 1.
Prior to AI pollock fishing.
Before receiving AI pollock.
If you are a ...
Within this time limit
(1) C/P ................................
(2) SS, SFP ........................
Within 24 hours after completion of gear retrieval for AI pollock.
Within 48 hours after the end of the applicable weekly reporting
period that a shoreside processor or SFP ceases to receive or
process AI pollock for the fishing year.
Within 24 hours after receipt of AIP pollock has ceased.
(4) MS .................................
(B) COBLZ or RKCSA
(1) C/P using trawl gear .....
(2) MS, SS, SFP ................
(C) Gear Type
(1) C/P ................................
(2) MS, SS, SFP ................
(D) CDQ
(1) C/P ................................
(2) MS, SS, SFP ................
(E) Exempted or Research Fishery
(1) C/P ................................
(2) MS, SS, SFP ................
(ii) * * *
Submit a separate BEGIN message for ...
(I) AIP
(3) MS .................................
*
*
*
*
*
(q) AI directed pollock fishery catch
reports—(1) Applicability. The Aleut
Corporation shall provide NMFS the
identity of its designated contact for the
Aleut Corporation. The Aleut
Corporation shall submit to the Regional
Administrator a pollock catch report
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containing information required by
paragraph (q)(3) of this section.
(2) Time limits and submittal. (i) The
Aleut Corporation must submit its AI
directed pollock fishery catch reports by
one of the following methods:
(A) An electronic data file in a format
approved by NMFS; or
(B) By fax.
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(ii) The AI directed pollock fishery
catch reports must be received by the
Regional Administrator by 1200 hours,
A.l.t. on Tuesday following the end of
the applicable weekly reporting period,
as defined at § 679.2.
(3) Information required. The AI
directed pollock fishery catch report
must contain the following information:
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(i) Catcher vessel ADF&G number;
(ii) Federal fisheries or Federal
processor permit number;
(iii) Delivery date;
(iv) Pollock harvested:
(A) For shoreside and stationary
floating processors and motherships, the
amount of pollock (in lb for shoreside
and stationary floating processors and in
mt for motherships) delivered,
including the weight of at-sea pollock
discards; and
(B) For catcher/processors, the
amount of pollock (in mt) harvested and
processed, including the weight of atsea pollock discards; and
(v) ADF&G fish ticket number.
I 8. In § 679.7, paragraphs (k)(3)(i),
(k)(3)(iii), (k)(3)(iv), (k)(4)(i), (k)(5),
(k)(6), and (k)(7) are revised, and
paragraph (l) is added to read as follows:
§ 679.7
Prohibitions.
*
*
*
*
*
(k) * * *
(3) * * *
(i) Permit requirement. Use a
shoreside processor or stationary
floating processor to process pollock
harvested in a non-CDQ directed fishery
for pollock in the BS without a valid
AFA inshore processor permit at the
facility or on board vessel.
*
*
*
*
*
(iii) Restricted AFA inshore
processors. Use an AFA inshore
processor holding a restricted AFA
inshore processor permit to process
more than 2,000 mt round weight of
non-CDQ pollock harvested in the BS
directed pollock fishery in any one
calendar year.
(iv) Single geographic location
requirement. Use an AFA inshore
processor to process pollock harvested
in the BS directed pollock fishery at a
location other than the single
geographic location defined as follows:
(A) Shoreside processors. The
physical location at which the landbased shoreside processor first
processed BS pollock harvested in the
BS directed pollock fishery during a
fishing year.
(B) Stationary floating processors. A
location within Alaska State waters that
is within 5 nm of the position in which
the stationary floating processor first
processed BS pollock harvested in the
BS directed pollock fishery during a
fishing year.
*
*
*
*
*
(4) * * *
(i) Permit requirement. Use a catcher
vessel to engage in directed fishing for
non-CDQ BS pollock for delivery to any
AFA processing sector (catcher/
processor, mothership, or inshore)
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unless the vessel has a valid AFA
catcher vessel permit on board that
includes an endorsement for the sector
of the BS pollock fishery in which the
vessel is participating.
*
*
*
*
*
(5) AFA inshore fishery cooperatives-(i) Overages by vessel. Use an AFA
catcher vessel listed on an AFA inshore
cooperative fishing permit, or under
contract to a fishery cooperative under
§ 679.62(c), to harvest non-CDQ BS
pollock in excess of the fishery
cooperative’s annual allocation of
pollock specified under § 679.62.
(ii) Overages by fishery cooperative.
An inshore pollock fishery cooperative
is prohibited from exceeding its annual
allocation of BS pollock TAC.
(6) Excessive harvesting shares. It is
unlawful for an AFA entity to harvest,
through a fishery cooperative or
otherwise, an amount of BS pollock that
exceeds the 17.5 percent excessive share
limit specified under
§ 679.20(a)(5)(i)(A)(6). The owners and
operators of the individual vessels
comprising the AFA entity that harvests
BS pollock will be held jointly and
severally liable for exceeding the
excessive harvesting share limit.
(7) Excessive processing shares. It is
unlawful for an AFA entity to process
an amount of BS pollock that exceeds
the 30–percent excessive share limit
specified under § 679.20(a)(5)(i)(A)(7).
The owners and operators of the
individual processors comprising the
AFA entity that processes BS pollock
will be held jointly and severally liable
for exceeding the excessive processing
share limit.
*
*
*
*
*
(l) Prohibitions specific to the AI
directed pollock fishery—(1) Catcher/
processors. (i) Use a catcher/processor
vessel to harvest pollock in the AI
directed pollock fishery or process
pollock harvested in the AI directed
pollock fishery without a copy of
NMFS’ approval letter on board
pursuant to § 679.4(m).
(ii) Process any pollock harvested in
the AI directed pollock fishery without
complying with catch weighing and
observer sampling station requirements
set forth at paragraphs (k)(1)(vi) and
(k)(1)(vii) of this section, respectively.
(iii) Use a catcher/processor to harvest
pollock in the AI directed pollock
fishery or process pollock harvested in
the AI directed pollock fishery without
a valid AFA catcher/processor permit
on board the vessel.
(2) Motherships. (i) Use a mothership
to process pollock harvested in the AI
directed pollock fishery without a copy
of NMFS’ approval letter on board
pursuant to § 679.4(m).
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9865
(ii) Process any pollock harvested in
the AI directed pollock fishery without
complying with catch weighing and
observer sampling station requirements
set forth at paragraphs (k)(2)(iii) and
(k)(2)(iv) of this section, respectively.
(iii) Use a mothership to process
pollock harvested in the AI directed
pollock fishery without a valid AFA
mothership permit on board the vessel.
(3) Shoreside and stationary floating
processors. (i) Use a shoreside processor
or stationary floating processor to
process pollock harvested in the in AI
directed pollock fishery without a copy
of NMFS’ approval letter on location
pursuant to § 679.4(m).
(ii) Process any pollock harvested in
the AI directed pollock fishery without
complying with catch weighing
requirements set forth at paragraph
(k)(3)(v) of this section.
(iii) Take deliveries of pollock
harvested in the AI directed pollock
fishery or process pollock harvested in
the AI pollock fishery without following
an approved CMCP as described in
§ 679.28(g). A copy of the CMCP must
be maintained on the premises and
made available to authorized officers or
NMFS-authorized personnel upon
request.
(4) Catcher vessels. (i) Use a catcher
vessel to harvest pollock in the AI
directed pollock fishery without a copy
of NMFS’ approval letter on board
pursuant to § 679.4(m).
(ii) Have on board at any one time
pollock harvested in the AI directed
pollock fishery and pollock harvested
from either the Bering Sea subarea or
the Gulf of Alaska.
(iii) Use a catcher vessel to deliver
pollock harvested in the AI directed
pollock fishery:
(A) To a shoreside or stationary
floating processor that does not have an
approved CMCP pursuant to § 679.28(g)
and is not approved by NMFS to process
pollock harvested in the AI directed
pollock fishery, or
(B) To a catcher/processor or
mothership that is not approved by
NMFS to process pollock harvested in
the AI directed pollock fishery.
(iv) Use a catcher vessel greater than
60 ft (18.3 m) LOA to harvest pollock in
the AI directed pollock fishery unless
the vessel has a valid AFA catcher
vessel permit on board.
(5) AI directed pollock fishery
overages. (i) Use a catcher vessel
selected by the Aleut Corporation and
approved by NMFS to participate in the
AI directed pollock fishery under
§ 679.4(m) to harvest pollock in the AI
directed pollock fishery in excess of the
Aleut Corporation’s annual or seasonal
allocations of pollock or in excess of the
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vessel allocation specified under
§ 679.20(a)(5)(iii).
(ii) The Aleut Corporation is
prohibited from exceeding its annual
and seasonal allocations of AI pollock
TAC or from exceeding the allocation to
vessels, as specified in
§ 679.20(a)(5)(iii).
I 9. In § 679.20, paragraph (a)(5)(iii) is
redesignated as paragraph (a)(5)(iv);
paragraph (a)(5)(iii) is added, and
paragraphs (a)(5)(i)(B)(1), (a)(5)(ii),
newly redesignated paragraph
(a)(5)(iv)(B) introductory text, and
paragraph (a)(6)(i) are revised to read as
follows:
§ 679.20
General limitations.
*
*
*
*
*
(a) * * *
(5) * * *
(i) * * *
(B) BSAI seasonal allowances for AFA
and CDQ—(1) Inshore, catcher/
processor, mothership, and CDQ
components. The portions of the BS
subarea pollock directed fishing
allowances allocated to each component
under sections 206(a) and 206(b) of the
AFA and the CDQ allowance in the
BSAI will be divided into two seasonal
allowances corresponding to the two
fishing seasons set out at § 679.23(e)(2),
as follows: A season, 40 percent; and B
season, 60 percent.
(2) * * *
*
*
*
*
*
(ii) Bogoslof District. If the Bogoslof
District is open to directed fishing for
pollock by regulation, then the pollock
TAC for this district will be allocated
according to the same procedure
established for the Bering Sea subarea at
paragraph (a)(5)(i) of this section. If the
Bogoslof District is closed to directed
fishing for pollock by regulation, then
the entire TAC for this district will be
allocated as an incidental catch
allowance.
(iii) AI. (A) If a directed fishery for
pollock in the AI is not specified under
paragraph (c) of this section, then the
entire TAC for this subarea will be
allocated as an incidental catch
allowance.
(B) If the AI is open to directed fishing
for pollock under paragraph (c) of this
section, then the pollock TAC for this
subarea will be specified, allocated,
seasonally apportioned, and reallocated
as follows:
(1) AI annual TAC limitations. When
the AI pollock ABC is less than 19,000
mt, the annual TAC will be no greater
than the ABC. When the AI pollock ABC
equals or exceeds 19,000 mt, the annual
TAC will be equal to 19,000 mt.
(2) Allocations—(i) CDQ Directed
fishing allowance. 10 percent of the
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14:21 Feb 28, 2005
Jkt 205001
annual TAC will be allocated to the
CDQ pollock reserve established under
§ 679.31(a)(2).
(ii) Incidental catch allowance. The
Regional Administrator will determine
the amount of the pollock incidental
catch necessary to support an incidental
catch allowance in the AI during the
fishing year for each season. This
amount of pollock will be deducted
from the annual TAC. If during a fishing
year, the Regional Administrator
determines that the incidental catch
allowance is excessive or inadequate,
the Regional Administrator may
reallocate the excess of the incidental
catch allowance to the directed pollock
fishery, or may reallocate pollock from
the directed pollock fishery to the
incidental catch allowance as necessary
to support incidental catch of pollock in
AI groundfish fisheries, by publication
in the Federal Register.
(iii) Directed Pollock Fishery. The
amount of the TAC remaining after
subtraction of the CDQ directed fishing
allowance and the incidental catch
allowance will be allocated to the Aleut
Corporation as a directed pollock
fishery allocation.
(3) Seasonal apportionment. The
seasonal harvest of pollock in the AI
directed pollock fishery shall be:
(i) A season. No greater than the lesser
of the annual initial TAC plus any A
season CDQ pollock directed fishery
allowance or 40 percent of the AI
pollock ABC. The total A season
apportionment, including the AI
directed pollock fishery allocation, the
CDQ pollock directed fishery seasonal
allowance, and the incidental catch
amount, shall not exceed 40 percent of
the ABC.
(ii) B season. The B season
apportionment of the AI directed
pollock fishery shall equal the annual
initial TAC minus the A season directed
pollock fishery apportionment under
paragraph (a)(5)(iii)(B)(3)(i) of this
section and minus the incidental catch
amount under paragraph
(a)(5)(iii)(B)(2)(ii) of this section.
(iii) Inseason adjustments for the
directed pollock fishery. During any
fishing year, the Regional Administrator
may add any under harvest of the A
season directed pollock fishery
apportionment to the B season directed
pollock fishery apportionment by
inseason notification published in the
Federal Register if the Regional
Administrator determines that the
harvest capacity in the B season is
sufficient to harvest the adjusted B
season apportionment.
(iv) Inseason adjustments for the
incidental catch allowance. During any
fishing year, the Regional Administrator
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may add any under harvest of the A
season incidental catch allowance
apportionment to the B season
incidental catch allowance
apportionment by publication in the
Federal Register if the Regional
Administrator determines that the
additional B season incidental catch
allowance is necessary to support other
groundfish fisheries.
(4) Reallocation of the annual AI
directed pollock fishery and AI CDQ
allocations. As soon as practicable, if
the Regional Administrator determines
that vessels participating in either the
AI directed pollock fishery or the AI
CDQ directed pollock fishery likely will
not harvest the entire AI directed
pollock fishery or CDQ pollock directed
fishing allowance, the Regional
Administrator may reallocate some or
all of the projected unused directed
pollock fishery allocation to the Bering
Sea subarea directed pollock fishery or
AI CDQ pollock directed fishing
allowance to the Bering Sea subarea
CDQ pollock directed fishing allowance
by inseason notification published in
the Federal Register.
(5) Allocations to small vessels. The
annual allocation for vessels 60 feet
(18.3 m) LOA or less participating in the
AI directed pollock fishery will be:
(i) No more than 25 percent of the AI
directed pollock fishery allocation
through 2008;
(ii) No more than 50 percent of the AI
directed pollock fishery allocation from
2009 through 2012; and
(iii) 50 percent of the AI directed
pollock fishery allocation in 2013 and
beyond.
(iv) * * *
(B) GOA Western and Central
Regulatory Areas seasonal
apportionments. Each apportionment
established under paragraph
(a)(5)(iv)(A) of this section will be
divided into four seasonal
apportionments corresponding to the
four fishing seasons specified in
§ 679.23(d)(2) as follows: * * *
(C) * * *
(6) * * *
(i) GOA pollock. The apportionment
of pollock in all GOA regulatory areas
for each seasonal allowance described
in paragraph (a)(5)(iv) of this section
will be allocated entirely to vessels
harvesting pollock for processing by the
inshore component in the GOA after
subtraction of an amount that is
projected by the Regional Administrator
to be caught by, or delivered to, the
offshore component in the GOA
incidental to directed fishing for other
groundfish species.
*
*
*
*
*
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section, area 1 in Figure 8 to this part
10. In § 679.21, paragraphs (e)(1)(i),
(e)(1)(vii), and (e)(7)(viii) are revised and will be closed on the following dates:
(1) From the effective date of the
paragraph (e)(1)(ix) is added to read as
closure until April 15, and from
follows:
September 1 through December 31, if
§ 679.21 Prohibited species bycatch
the Regional Administrator determines
management.
that the annual limit of AI Chinook
*
*
*
*
*
salmon will be attained before April 15.
(e) * * *
(2) From September 1 through
(1) * * *
December 31, if the Regional
(i) PSQ reserve. 7.5 percent of each
Administrator determines that the
PSC limit set forth in paragraphs
annual limit of AI Chinook salmon will
(e)(1)(ii) through (v), and (e)(1)(vii)
be attained after April 15.
through (e)(1)(ix) of this section is
*
*
*
*
*
allocated to the groundfish CDQ
I 11. In § 679.23, paragraph (e)(2) is
program as PSQ reserve. The PSQ
revised to read as follows:
reserve is not apportioned by gear or
fishery.
§ 679.23 Seasons.
*
*
*
*
*
*
*
*
*
*
(vii) Chinook salmon. The trawl
(e) * * *
closures identified in paragraph
(2) Directed fishing for pollock in the
(e)(7)(viii) of this section will take effect Bering Sea subarea by inshore, offshore
when the Regional Administrator
catcher/processor, and mothership
determines that the PSC limit of 29,000
components, in the AI directed pollock
Chinook salmon caught while
fishery, and pollock CDQ fisheries.
harvesting pollock in the BS between
Subject to other provisions of this part,
January 1 and December 31 is attained.
directed fishing for pollock by vessels
catching pollock for processing by the
*
*
*
*
*
(ix) AI Chinook salmon. The trawl
inshore component, catcher/processors
closures identified in paragraph
in the offshore component, and
(e)(7)(viii) of this section will take effect motherships in the offshore component
when the Regional Administrator
in the Bering Sea subarea, directed
determines that the AI PSC limit of 700
fishing for pollock in the AI directed
Chinook salmon caught while
pollock fishery, or directed fishing for
CDQ pollock in the BSAI is authorized
harvesting pollock in the AI between
only during the following two seasons:
January 1 and December 31 is attained.
(i) A season. From 1200 hours, A.l.t.,
*
*
*
*
*
January 20 through 1200 hours, A.l.t.,
(7) * * *
June 10; and
(viii) Chinook salmon. If, during the
(ii) B season. From 1200 hours, A.l.t.,
fishing year, the Regional Administrator
June 10 through 1200 hours, A.l.t.,
determines that catch of Chinook
November 1.
salmon by vessels using trawl gear
*
*
*
*
while directed fishing for pollock in the *
BSAI will reach the annual limits, as
I 12. In § 679.28, paragraph (g)(2) and
identified in paragraphs (e)(1)(vii) and
the first sentence of paragraph (g)(3) are
(e)(1)(ix) of this section, NMFS, by
revised to read as follows:
notification in the Federal Register will
§ 679.28 Equipment and operational
close the Chinook Salmon Savings
requirements.
Areas, as defined in Figure 8 to this
*
*
*
*
part, to directed fishing for pollock with *
(g) * * *
trawl gear as follows:
(2) Who is required to prepare and
(A) For the BS Chinook salmon PSC
submit a CMCP for approval? The
limit under paragraph (e)(1)(vii) of this
owner and manager of an AFA inshore
section, area 1 and area 2 in Figure 8 to
this part will be closed on the following processor or the owner and manager of
a shoreside or stationary floating
dates:
processor processing pollock harvested
(1) From the effective date of the
in the AI directed pollock fishery are
closure until April 15, and from
required to prepare and submit a CMCP
September 1 through December 31, if
which must be approved by NMFS prior
the Regional Administrator determines
to the receipt of pollock harvested in the
that the annual limit of BS Chinook
salmon will be attained before April 15. BSAI directed pollock fisheries.
(3) How is a CMCP approved by
(2) From September 1 through
NMFS? NMFS will approve a CMCP if
December 31, if the Regional
it meets all the requirements specified
Administrator determines that the
annual limit of BS Chinook salmon will in paragraph (g)(7) of this section. * * *
*
*
*
*
*
be attained after April 15.
(B) For the AI Chinook salmon limit
I 13. In § 679.50, paragraphs (c)(2)(i),
under paragraph (e)(1)(ix) of this
(c)(5) paragraph heading, and (e)(1) are
I
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9867
revised and paragraph (c)(5)(i)(C) is
added to read as follows:
§ 679.50 Groundfish Observer Program
applicable through December 31, 2007.
*
*
*
*
*
(c) * * *
(2) * * *
(i) Pollock fishery. In a retained catch
of pollock that is greater than the
retained catch of any other groundfish
species or species group that is specified
as a separate groundfish fishery under
this paragraph (c)(2) and in a retained
catch of pollock harvested in the AI
directed pollock fishery.
*
*
*
*
*
(5) AFA and AI directed pollock
fishery catcher/processors and
motherships.
(i) * * *
(C) AI directed pollock fishery
catcher/processors and motherships. A
catcher/processor participating in the AI
directed pollock fishery or a mothership
processing pollock harvested in the AI
directed pollock fishery must have on
board at least two NMFS-certified
observers, at least one of which must be
certified as a lead level 2 observer, for
each day that the vessel is used to
harvest, process, or take deliveries of
groundfish. More than two observers are
required if the observer workload
restriction at paragraph (c)(5)(ii) of this
section would otherwise preclude
sampling as required under
§ 679.63(a)(1).
*
*
*
*
*
(e) * * *
(1) Any vessel, shoreside processor, or
stationary floating processor required to
comply with observer coverage
requirements under paragraphs (c) or (d)
of this section or under § 679.7(f)(4) or
a catcher vessel less than 60 ft (18.3 m)
LOA that is participating in the AI
directed pollock fishery must use, upon
written notification by the Regional
Administrator, NMFS’ staff or an
individual authorized by NMFS to
satisfy observer coverage requirements
as specified in paragraphs (c) and (d) of
this section or for other conservation
and management purpose.
*
*
*
*
*
I 14. In subpart F, the subpart heading
is revised to read as follows:
Subpart F—American Fisheries Act
and Aleutian Island Directed Pollock
Fishery Management Measures
15. Section 679.60 is revised to read as
follows:
I
§ 679.60
Authority and related regulations.
(a) Regulations under this subpart
were developed by the National Marine
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Fisheries Service and the North Pacific
Fishery Management Council to
implement the American Fisheries Act
(AFA) (Div. C, Title II, Subtitle II, Public
Law 105–277, 112 Stat. 2681 (1998)) and
the Consolidated Appropriations Act of
2004 (Public Law 108–199, Sec. 803).
Additional regulations in this part that
implement specific provisions of the
AFA and Consolidated Appropriations
Act of 2004 are set out at §§ 679.2
Definitions, 679.4 Permits, 679.5
Recordkeeping and reporting (R &R),
679.7 Prohibitions, 679.20 General
limitations, 679.21 Prohibited species
bycatch management, 679.28 Equipment
and operational requirements, 679.31
CDQ reserves, and 679.50 Groundfish
Observer Program.
(b) Regulations developed by the
Department of Transportation to
implement provisions of the AFA are
found at 46 CFR part 356.
I 16. In § 679.61, paragraphs (b), (d)(3),
and (g) are revised to read as follows:
§ 679.61 Formation and operation of
fishery cooperatives.
*
*
*
*
*
(b) Who must comply this section?
Any fishery cooperative formed under
section 1 of the Fisherman’s Collective
Marketing Act 1934 (15 U.S.C. 521) for
the purpose of cooperatively managing
directed fishing for BS subarea pollock
must comply with the provisions of this
section. The owners and operators of all
the member vessels that are signatories
to a fishery cooperative are jointly and
severally responsible for compliance
with the requirements of this section.
*
*
*
*
*
(d) * * *
(3) What is the deadline for filing?
The contract or renewal letter and
supporting materials must be received
by NMFS and by the Council at least 30
days prior to the start of any fishing
activity conducted under the terms of
the contract. In addition, an inshore
cooperative that is also applying for an
allocation of BS subarea pollock under
§ 679.62 must file its contract, any
amendments hereto, and supporting
materials no later than December 1 of
the year prior to the year in which
fishing under the contract will occur.
*
*
*
*
*
(g) Landing tax payment deadline.
You must pay any landing tax owed to
the State of Alaska under section 210(f)
of the AFA and paragraph (e)(1)(v) of
this section before April 1 of the
following year, or the last day of the
month following the date of publication
of statewide average prices by the
Alaska State Department of Revenue,
whichever is later. All members of the
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14:21 Feb 28, 2005
Jkt 205001
cooperative are prohibited from
harvesting pollock in the BS subarea
directed pollock fishery after the
payment deadline if any member vessel
has failed to pay all required landing
taxes from any landings made outside
the State of Alaska by the landing
deadline. Members of the cooperative
may resume directed fishing for pollock
once all overdue landing taxes are paid.
I 17. In § 679.62, the introductory text in
paragraph (a), and paragraphs (a)(2),
(a)(3), (b)(2)(i), (b)(2)(ii), and (b)(3) are
revised to read as follows:
§ 679.62 Inshore sector cooperative
allocation program.
(a) How will inshore sector
cooperative allocations be made? An
inshore catcher vessel cooperative that
applies for and receives an AFA inshore
cooperative fishing permit under
§ 679.4(l)(6) will receive a sub-allocation
of the annual BS subarea inshore sector
directed fishing allowance. Each inshore
cooperative’s annual allocation
amount(s) will be determined using the
following procedure:
*
*
*
*
*
(2) Conversion of individual vessel
catch histories to annual cooperative
quota share percentages. Each inshore
pollock cooperative that applies for and
receives an AFA inshore pollock
cooperative fishing permit will receive
an annual quota share percentage of
pollock for the BS subarea that is equal
to the sum of each member vessel’s
official AFA inshore cooperative catch
history for the BS subarea divided by
the sum of the official AFA inshore
cooperative catch histories of all
inshore-sector endorsed AFA catcher
vessels. The cooperative’s quota share
percentage will be listed on the
cooperative’s AFA pollock cooperative
permit.
(3) Conversion of quota share
percentage to TAC allocations. Each
inshore pollock cooperative that
receives a quota share percentage for a
fishing year will receive an annual
allocation of pollock that is equal to the
cooperative’s quota share percentage
multiplied by the annual inshore BS
subarea pollock allocation. Each
cooperative’s annual pollock TAC
allocation may be published in the
interim, and final BSAI TAC
specifications notices.
(b) * * *
(2) * * *
(i) Member vessels. All pollock caught
by a member vessel while engaged in
directed fishing for pollock in the BS
subarea unless the vessel is under
contract to another cooperative and the
pollock is assigned to another
cooperative.
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Frm 00026
Fmt 4700
Sfmt 4700
(ii) Contract vessels. All pollock
contracted for harvest and caught by a
vessel under contract to the cooperative
under paragraph (c) of this section while
the vessel was engaged in directed
fishing for pollock in the BS subarea.
(3) How must cooperative harvests be
reported to NMFS? Each inshore pollock
cooperative must report its BS subarea
pollock harvest to NMFS on a weekly
basis according to the recordkeeping
and reporting requirements set out at
§ 679.5(o).
*
*
*
*
*
I 18. In § 679.64, introductory paragraph
of (a), paragraphs (a)(1)(i), (a)(2)(ii),
(a)(4)(i), (a)(4)(ii), introductory
paragraph of (b), and introductory
paragraph of (b)(3) are revised to read as
follows:
§ 679.64 Harvesting sideboard limits in
other fisheries.
(a) Harvesting sideboards for listed
AFA catcher/processors. The Regional
Administrator will restrict the ability of
listed AFA catcher/processors to engage
in directed fishing for non-pollock
groundfish species to protect
participants in other groundfish
fisheries from adverse effects resulting
from the AFA and from fishery
cooperatives in the BS subarea directed
pollock fishery.
(1) * * *
(i) Except for Aleutian Islands
pollock, the Regional Administrator will
establish annual AFA catcher/processor
harvest limits for each groundfish
species or species group in which a TAC
is specified for an area or subarea of the
BSAI as follows:
*
*
*
*
*
(2) * * *
(ii) If the amount of Pacific ocean
perch calculated under paragraph
(a)(2)(i) of this section is determined by
the Regional Administrator to be
insufficient to meet bycatch needs of
AFA catcher/processors in other
directed fisheries for groundfish, the
Regional Administrator will prohibit
directed fishing for Aleutian Islands
Pacific ocean perch by AFA catcher/
processors and establish the sideboard
amount equal to the amount of Aleutian
Islands Pacific ocean perch caught by
AFA catcher/processors incidental to
directed fishing for other groundfish
species.
*
*
*
*
*
(4) * * *
(i) Except as provided for in
paragraphs (a)(1)(ii) through (a)(3) of
this section, the harvest limit for each
BSAI groundfish species or species
group will be equal to the 1995 through
1997 aggregate retained catch of that
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Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Rules and Regulations
species by catcher/processors listed in
paragraphs 208(e)(1) through (e)(20) and
section 209 of the AFA in non-pollock
target fisheries divided by the sum of
the catch of that species in 1995 through
1997 multiplied by the TAC of that
species available for harvest by catcher/
processors in the year in which the
harvest limit will be in effect.
(ii) If the amount of a species
calculated under paragraph (a)(4)(i) of
this section is determined by the
Regional Administrator to be
insufficient to meet bycatch needs for
AFA catcher/processors in other
directed fisheries for groundfish, the
Regional Administrator will prohibit
directed fishing for that species by AFA
catcher/processors and establish the
sideboard amount equal to the amount
of that species caught by AFA catcher/
processors incidental to directed fishing
for other groundfish species.
*
*
*
*
*
(b) Harvesting sideboards for AFA
catcher vessels. The Regional
Administrator will restrict the ability of
AFA catcher vessels to engage in
directed fishing for other groundfish
species to protect participants in other
groundfish fisheries from adverse effects
resulting from the AFA and from fishery
cooperatives in the BS subarea directed
pollock fishery.
*
*
*
*
*
(3) How will groundfish sideboard
limits be calculated? Except for Aleutian
Islands pollock, the Regional
Administrator will establish annual
AFA catcher vessel harvest limits for
each groundfish species or species
group in which a TAC is specified for
an area or subarea of the GOA and BSAI
as follows:
*
*
*
*
*
19. In § 679.65, paragraphs (a) and (b)
are revised to read as follows:
I
§ 679.65
Crab processing sideboard limits.
(a) What is the purpose of crab
processing limits? The purpose of crab
processing sideboard limits is to protect
processors not eligible to participate in
the BS subarea directed pollock fishery
from adverse effects as a result of the
AFA and the formation of fishery
cooperatives in the BS subarea directed
pollock fishery.
(b) To whom do the crab processing
sideboard limits apply? The crab
processing sideboard limits in this
section apply to any AFA inshore or
mothership entity that receives pollock
harvested in the BS directed pollock
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14:21 Feb 28, 2005
Jkt 205001
fishery by a fishery cooperative
established under § 679.61 or § 679.62.
*
*
*
*
*
[FR Doc. 05–3788 Filed 2–24–05; 2:55 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9185]
RIN 1545–BB77
Diversification Requirements for
Variable Annuity, Endowment, and Life
Insurance Contracts
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations.
AGENCY:
SUMMARY: This document contains final
regulations removing provisions of the
Income Tax Regulations that apply a
look-through rule to assets of a
nonregistered partnership for purposes
of satisfying the diversification
requirements of section 817(h) of the
Internal Revenue Code.
DATES: Effective Date: These regulations
are effective as of March 1, 2005.
However, arrangements in existence on
March 1, 2005, will be considered to be
adequately diversified if: (i) Those
arrangements were adequately
diversified within the meaning of
section 817(h) prior to March 1, 2005,
and (ii) by December 31, 2005, the
arrangements are brought into
compliance with the final regulations.
Applicability Date: For dates of
applicability, see § 1.817–5(i).
FOR FURTHER INFORMATION CONTACT:
James Polfer, (202) 622–3970 (not a tollfree number).
SUPPLEMENTARY INFORMATION:
Background
Under section 817(h), a variable
contract based on a segregated asset
account is not treated as an annuity,
endowment, or life insurance contract
unless the segregated asset account is
adequately diversified. For purposes of
testing diversification, section 817(h)(4)
and § 1.817–5(f) of the regulations
provide a look-through rule for assets
held through certain investment
companies, partnerships, or trusts.
Section 1.817–5(f)(2)(i) provides that
look-through treatment is available with
respect to any investment company,
partnership, or trust only if all the
beneficial interests in the investment
company, partnership, or trust are held
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
9869
by one or more segregated asset
accounts of one or more insurance
companies, and public access to such
investment company, partnership, or
trust is available exclusively (except as
otherwise permitted by section 1.817–
5(f)(3)) through the purchase of a
variable contract. Under § 1.817–
5(f)(2)(ii), the look-through rule applies
to a partnership interest that is not
registered under a Federal or state law
regulating the offering or sale of
securities. Unlike § 1.817–5(f)(2)(i),
satisfaction of the nonregistered
partnership look-through rule of
§ 1.817–5(f)(2)(ii) is not explicitly
conditioned on limiting the ownership
of interests in the partnership to certain
specified holders.
On July 30, 2003, the Treasury
Department and the IRS published a
notice of proposed rulemaking (REG–
163974–02) under section 817 in the
Federal Register (68 FR 44689). The
proposed regulations would remove the
rule that applies specifically to
nonregistered partnerships for purposes
of testing diversification. The proposed
regulations also would remove an
example that illustrates that rule.
The application of § 1.817–5(f)(2)(i) to
interests in nonregistered partnerships
will be unchanged by the removal of
§ 1.817–5(f)(2)(ii). Thus, look-through
treatment will be available for interests
in a nonregistered partnership if all the
beneficial interests in the partnership
are held by one or more segregated asset
accounts of one or more insurance
companies and public access to the
partnership is available exclusively
(except as otherwise permitted by
§ 1.817–5(f)(3)) through the purchase of
a variable contract.
Written comments were received in
response to the notice of proposed
rulemaking. A public hearing on the
notice of proposed rulemaking was held
on April 1, 2004. After consideration of
all the comments and the hearing
testimony, the proposed regulations are
adopted as amended by this Treasury
decision.
Explanation and Summary of
Comments
In addition to requesting comments
on the clarity of the proposed rule and
how the rule could be made easier to
understand, the Treasury Department
and the IRS specifically requested
comments on: (1) Whether revocation of
§ 1.817–5(f)(2)(ii) necessitates other
changes to the look-through rules of
§ 1.817–5(f), in particular whether the
list of holders permitted by § 1.817–
5(f)(3) should be amended or expanded,
and whether a non-pro-rata distribution
of the investment returns of a segregated
E:\FR\FM\01MRR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 39 (Tuesday, March 1, 2005)]
[Rules and Regulations]
[Pages 9856-9869]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3788]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 679
[Docket No. 041117321-5035-02; I.D. 110904D]
RIN 0648-AS37
Fisheries of the Exclusive Economic Zone Off Alaska; Proposed
Information Collection; Comment Request; Aleutian Islands Subarea
Directed Pollock Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues a final rule that implements Amendment 82 to the
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian
Islands Management Area (FMP). Amendment 82 establishes a framework for
the management of the Aleutian Islands subarea (AI) directed pollock
fishery. This action is necessary to implement provisions of the
Consolidated Appropriations Act of 2004 that require the AI directed
pollock fishery to be allocated to the Aleut Corporation for the
purpose of economic development in Adak, Alaska. This action is
intended to promote the goals and objectives of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), the
FMP, the Consolidated Appropriations Act of 2004, and other applicable
laws.
The Department of Commerce, as part of its continuing effort to
reduce paperwork and respondent burden, invites the general public and
other Federal agencies to take this opportunity to comment on proposed
and/or continuing information collections, as required by the Paperwork
Reduction Act of 1995.
DATES: Effective February 24, 2005.
Written comments on the renewal of collection-of-information must
be submitted on or before May 2, 2005.
[[Page 9857]]
ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact
Review (EA/RIR) prepared for the proposed rule (69 FR 70589, December
7, 2004), the 2000 FMP level biological opinion, and the 2001
biological opinion and its June 2003 supplement for the Steller sea
lion protection measures may be obtained by mail from NMFS Alaska
Region, P. O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Durall, or
from the NMFS Alaska Region website at www.fakr.noaa.gov.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted to NMFS, Alaska Region.
Direct all written comments regarding the renewal of collection-of-
information to Diana Hynek, Departmental Paperwork Clearance Officer,
Department of Commerce, Room 6625, 14th and Constitution Avenue, NW,
Washington DC 20230 (or via the Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT: Melanie Brown, 907-586-7228 or
melanie.brown@noaa.gov. Requests for additional information or copies
of the information collection instrument and instructions should be
directed to Patsy A. Bearden, 907-586-7008 or patsy.bearden@noaa.gov.
SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive
economic zone of the Bering Sea and Aleutian Islands management area
(BSAI) are managed under the FMP. The North Pacific Fishery Management
Council (Council) prepared the FMP under the authority of the Magnuson-
Stevens Act, 16 U.S.C. 1801, et seq. Regulations implementing the FMP
appear at 50 CFR part 679. General regulations governing U.S. fisheries
also appear at 50 CFR part 600.
The Council submitted Amendment 82 for review by the Secretary of
Commerce. A notice of availability of the amendment was published in
the Federal Register on November 16, 2004 (69 FR 67107), with comments
invited through January 18, 2005. The proposed rule for Amendment 82
was published in the Federal Register on December 7, 2004 (69 FR
70589), with comments invited through January 21, 2005. Five letters of
comments were received on the notice of availability and the proposed
rule. Comments are summarized and responded to under Comments and
Responses, below. Amendment 82 was approved by the Secretary of
Commerce on February 09, 2005.
Background
The Consolidated Appropriations Act of 2004 (Public Law (Pub. L.)
108-199) was signed into law on January 23, 2004. Section 803 of this
law allocates the AI directed pollock fishery to the Aleut Corporation
for economic development in Adak, Alaska. Throughout this preamble, the
term ``Aleut Corporation'' will mean the Aleut Corporation or its
authorized agent(s) for purposes of describing activities required for
managing the AI directed pollock fishery.
Public Law 108-199 requires the Aleut Corporation's selection of
participants in the AI directed pollock fishery and limits
participation to American Fisheries Act (AFA) (Pub. L. 105-277, Title
II of Division C) qualified entities and vessels 60 feet (18.3 m) or
less in length overall (LOA) with certain endorsements. Section 803(b)
of Pub. L. 108-199 restricts the annual harvest of pollock in the AI
directed pollock fishery by vessels 60 feet (18.3 m) LOA or less to
less than 25 percent of the annual allocation until 2009, and to less
than 50 percent of the annual allocation prior to 2013. These vessels
must receive 50 percent of the annual directed pollock fishery
allocation starting in 2013 and beyond. Amendment 82 includes the
measures necessary to manage the AI directed pollock fishery.
The Council adopted Amendment 82 in June 2004 and clarified a
portion of its action in October 2004. Amendment 82 revises the FMP to
establish the management framework for the AI directed pollock fishery.
This final rule implements the following management provisions for the
AI directed pollock fishery:
1. Restrictions on the harvest specifications for the AI directed
pollock fishery, including limits on the size of the annual AI pollock
total allowable catch (TAC), limits on the A season harvest of TAC,
allocation requirements for vessels 60 feet (18.3 m) LOA or less, and
reallocation provisions for unharvested amounts of the AI pollock
allocations;
2. Provisions for fishery monitoring, including the Aleut
Corporation's selection and NMFS's approval of vessels and processors
participating in the AI directed pollock fishery, restrictions on
possession of pollock from the AI and either the Bering Sea subarea
(BS) or the Gulf of Alaska on a vessel at one time, scale requirements,
catch monitoring control plans (CMCPs) for shoreside and stationary
floating processors, and Aleut Corporation's and participants'
responsibility for ensuring the harvest does not exceed the AI directed
pollock fishery allocation;
3. Reporting requirements; and
4. A new AI Chinook salmon prohibited species catch limit that,
when reached, closes the directed pollock fishery in the existing
Chinook salmon savings areas in the AI.
Prior to Pub. L. 108-199, the AI directed pollock fishery was
managed pursuant to the AFA. The AFA allocated the AI directed pollock
fishery to specific harvesters and processors identified in the AFA and
specified in regulations at 50 CFR part 679. Public Law 108-199
supersedes portions of the AFA and allocates all the AI directed
pollock fishery to the Aleut Corporation. Implementation of Pub. L.
108-199 requires the amendment of AFA provisions in the FMP and in the
regulations at 50 CFR part 679 to provide for the allocation of the AI
directed pollock fishery to the Aleut Corporation and for the
management of this fishery.
The allocation of pollock to the AFA directed pollock fisheries
under section 206(b) of the AFA now only pertains to the BS pollock TAC
given that Pub. L. 108-199 fully allocates the AI directed pollock
fishery to the Aleut Corporation. Thus, AFA restrictions associated
with the directed pollock fishery, including excessive harvesting and
processing shares under section 210(e) of the AFA, now apply only to
the AFA allocations of BS pollock.
Similarly, AFA groundfish sideboard provisions under section 211 of
the AFA do not apply to AFA entities while those entities are
participating in the AI directed pollock fishery. Groundfish species
taken incidental to the AI directed pollock fishery are deducted from
the relevant TACs for those species, and fisheries for those species
are managed by NMFS accordingly.
Comments and Responses
Twelve unique comments from one e-mail regarding Amendment 82 and
one e-mail and three letters regarding the proposed rule were received.
The comments are summarized and responded to below.
Comment 1: The comment period for the proposed rule should be
extended by 120 days.
Response: The commentor provided no reason for the comment period
extension. Because the commentor offered no justification for extending
the comment period, and because NMFS considers the comment period
adequate, the comment period remained 45 days.
Comment 2: All quotas should be cut by 50 percent this year and 10
percent
[[Page 9858]]
each succeeding year. Marine sanctuaries must be established.
Response: This action establishes the management provisions for the
AI directed pollock fishery and does not specify groundfish harvest
levels. The harvest specifications are established by separate
rulemaking at the beginning of each year. NMFS encourages the commentor
to submit comments on the proposed harvest specifications when they are
published in the Federal Register for public comment in approximately
December of each year.
Additionally, this action does not address the creation of marine
sanctuaries. The January 2004 draft environmental impact statement
(EIS) for essential fish habitat discusses the effects of fishing on
sensitive habitat features and evaluates a range of options for
minimizing adverse effects, such as closing areas of rockfish habitat
to bottom trawling. Further information on this draft EIS may be found
at the NMFS Alaska Region website at www.fakr.noaa.gov.
Comment 3: The Pew Foundation and United Nations (UN) reports on
overfishing are incorporated into the comments from this commentor.
Response: This action raises no issues related to overfishing. NMFS
manages the groundfish fisheries on a sustainable basis, and notes that
no overfishing is occurring for groundfish stocks off Alaska. The
current condition of groundfish stocks is detailed in the Stock
Assessment and Fishery Evaluation reports which are available on the
NMFS Alaska Region website at https://www.fakr.noaa.gov/npfmc/SAFE/
SAFE.htm. The commentor's specific concerns and their relationship to
these reports are not identified. Because no further details are
provided by the commentor, NMFS is unable to respond further to this
comment.
Comment 4: The commentor provided a November 18, 2004, Associated
Press article regarding the UN recommendations for banning of high seas
bottom trawling. The commentor was concerned that money influences
Council recommendations which allow the use of fishery resources that
are owned by all of the people of the nation.
Response: This action establishes management provisions for the AI
directed pollock fishery. Pollock is harvested using pelagic trawl
gear, which does not have as much of an impact on the ocean bottom as
bottom trawling gear. The AI directed pollock fishery is authorized by
this final rule in the exclusive economic zone (EEZ) off Alaska and not
in the high seas that extend beyond the EEZ. The commentor did not
provide further information regarding the relationship between the UN
high seas bottom trawling ban article and this action.
Even though for-profit entities work with the Council in developing
recommendations for management of Alaska groundfish harvest, only the
Department of Commerce has the approval authority for Council
recommendations. Decisions are made considering the long term
conservation and sustainability of the resource for the benefit of the
nation.
Comment 5: The commentor disapproves of, objects to, and opposes
the proposed rule. It does not promote the Magnuson-Stevens Act.
Economic development can change an area to resemble an urban area in
the United States. The economic development in Adak, Alaska is not
needed. Adak's economic development should not be supported by
overfishing.
Response: Public Law 108-199 requires that, if a directed pollock
fishery is open in the AI, all of the quota would go to the Aleut
Corporation for economic development in Adak, Alaska. This is a
statutory mandate that cannot be changed by NMFS. The nature of the
economic development will be decided by the Aleut Corporation and is
unlikely to resemble large urban areas of the United States,
considering the Aleut culture and the remote location of Adak. No
overfishing is occurring in the groundfish stocks off Alaska and
therefore, the AI directed pollock fishery will not result in
overfishing supporting economic development.
Comment 6: The commentor opposes NMFS' action because it will
result in seals, sea lions, and other marine life being starved or
destroyed.
Response: NMFS analyzed the effects of this action on the human
environment in the EA/RIR for this action (see ADDRESSES) and found no
significant impacts. NMFS recognizes that the AI directed pollock
fishery may have impacts on marine mammals and other sea life, but
these effects were found to be insignificant. Pollock is harvested
using pelagic trawl gear which has less adverse effect on the
environment than other types of gear. The pollock fishery has a
relatively small rate of bycatch of other marine organisms compared to
other groundfish fisheries, and the pollock fishery will be managed in
accordance with the Steller sea lion protection measures. Fishing will
be conducted 20 nautical miles from shore in almost all of the AI,
thereby reducing potential interaction with marine mammals and other
organisms in this sensitive, near-shore marine habitat. The pollock
harvest amounts will be at or well below the acceptable biological
catch (ABC), reducing the potential for competition for prey with
marine mammals.
Comment 7: The inseason management flexibility to raise and lower
the incidental catch allowance (ICA) needs to be included in the
regulations for the AI directed pollock fishery.
Response: NMFS has implemented this provision in the final rule.
Section 679.20(a)(5)(iii)(B)(1)(ii) provides for the Regional
Administrator to determine the amount of pollock that is needed as
incidental catch in other groundfish fisheries in the AI and to deduct
that amount from the annual allocation of AI pollock. The Regional
Administrator should be able to reallocate the AI ICA during the
fishing year if the ICA is not expected to be fully taken in the same
manner as provided for in the BS fishery under Sec.
679.20(a)(5)(i)(A)(1). The provisions in Sec. 679.20(a)(5)(i)(A)(1)
allow the Regional Administrator to reallocate pollock either to or
from the directed fishing allowance and the ICA by publication in the
Federal Register.
Without a mechanism to reallocate unharvested ICA, the potential
exists that the unused pollock quota may be forgone. NMFS agrees that
the regulations should provide for the full harvest of pollock quota
established through the harvest specifications and avoid constraints on
other groundfish fisheries from inadequate amounts of pollock ICA.
Therefore, NMFS adds text to Sec. 679.20(a)(5)(iii)(B)(2)(ii) to
authorize the Regional Administrator to reallocate anticipated unused
ICA to the AI directed pollock fishery or to reallocate pollock from
the directed pollock fishery to the ICA during the fishing year by
publication in the Federal Register.
Comment 8: The Regional Administrator's seasonal apportionment of
the ICA should be provided for in the regulations for Amendment 82.
Response: NMFS has implemented this provision in the final rule.
Proposed Sec. 679.20(a)(5)(iii)(B)(3)(i), limits the harvest of AI
pollock in the A season to no more than 40 percent of the ABC. This
harvest includes the directed pollock fishery, Community Development
Quota (CDQ) directed fishing allowance, and the ICA. To establish the A
season directed pollock fishery allocation within the seasonal limit,
the Regional Administrator must determine the amount of ICA that will
be necessary to support other groundfish fisheries during the A season.
Therefore, the final rule is changed from the proposed rule by
including a provision in Sec. 679.20(a)(5)(iii)(B)(2) for the Regional
[[Page 9859]]
Administrator to determine the seasonal apportionment of the ICA.
Comment 9: The Regional Administrator should have the discretion to
reapportion amounts of the ICA between seasons, as provided for the
directed pollock fishery.
Response: NMFS has made changes from the proposed rule in the final
rule to implement this provision. Because the Regional Administrator
may not be able to accurately predict the amount of ICA needed in the A
and B seasons, the Regional Administrator should have discretion to
reapportion the ICA to the B season, if needed. The final rule will
authorize the Regional Administrator to adjust seasonal apportionments
of the ICA to ensure other groundfish fisheries are not constrained by
a lack of ICA in the B season. Therefore, Sec.
679.20(a)(5)(iii)(B)(3)(iv) is added to authorize the seasonal
reapportionment of the ICA.
Comment 10: Non-AFA qualified catcher/processors and motherships
should be allowed to participate in the AI directed pollock fishery.
The Council's recommendation that all catcher/processors and
motherships be AFA qualified goes beyond the requirements specified in
Pub. L. 108-199, which restricted only the harvest of pollock to AFA
qualified vessels greater than 60 feet (18.3 m) in length overall
(LOA). No justification or rationale was provided by the Council for
why catcher/processors and motherships should be AFA qualified.
Requiring all catcher/processors and motherships to be AFA
qualified hinders the economic development of Adak, Alaska. The head-
and-gut fleet operating in the AI have several catcher/processors that
could be available to process pollock. The inclusion of these vessels
in the directed pollock fishery would provide the Aleut Corporation
additional alternatives for processing their pollock allocation,
particularly for the small vessel fleet. Small catcher vessels could
pass pollock harvests to the non-AFA qualified catcher/processors for
processing. Allowing non-AFA qualified catcher/processors would provide
additional locations for processing small vessel fleet pollock.
Additional processing locations for the small vessel fleet have
important safety and economic considerations based on: (1) the limited
areas for fishing due to the Steller sea lion protection measures, (2)
the severe winter weather in the AI, and (3) the potential for
harvested pollock to be stranded on the catcher vessel if AFA qualified
catcher/processors or motherships are engaged in the BS pollock
fishery.
Response: The Council recommended that all catcher/processors and
motherships participating in the AI directed pollock fishery be AFA
qualified to ensure adequate monitoring provisions are used for the
management of this quota-based fishery. These vessels are required to
maintain AFA pollock monitoring requirements if they are used to
participate in the AI directed pollock fishery. The Council
recommendations do not conflict with the provisions of Pub. L. 108-199.
NMFS has determined that the Council's recommendation is necessary to
ensure accurate monitoring and verification of the harvest of the AI
directed pollock fishery allocation. Vessels within the head-and-gut
fleet are not required to meet the same monitoring requirements as AFA-
qualified catcher/processors and motherships, and therefore, do not
meet the monitoring needs to ensure effective management of the
directed pollock fishery allocation.
NMFS agrees that special considerations will be needed for the
small vessel fleet participating in this fishery. We also are concerned
about the safety for small vessels in offshore waters during the winter
and about the monitoring of catch from such vessels. This will be
particularly important when the small vessel fleet is allocated 50
percent of the directed pollock fishery starting in 2013. NMFS will
continue to work with the Council and industry to review the
effectiveness of the provisions for the AI directed pollock fishery and
will seek ways to balance the economic, safety, and monitoring concerns
of this program.
Comment 11: Non-AFA qualified stationary floating processors should
not be required to have a CMCP, as required for shoreside processors.
Catcher/processors acting as motherships should have to meet the AFA
mothership standards for observer coverage. Requiring a CMCP for non-
AFA qualified catcher/processors is completely unreasonable.
Response: Under Sec. 679.4 (b) and (f), Federal fisheries permits
may be issued for catcher vessels, catcher/processors, and motherships
for groundfish harvest, and Federal processor permits may be issued for
shoreside processors and stationary floating processors. Stationary
floating processors are vessels of the United States operating as
processors in the Alaska State waters that remain anchored or otherwise
remain stationary in a single geographic location while receiving or
processing groundfish harvested in the GOA or BSAI. A catcher/processor
cannot be used as a stationary floating processor unless it meets the
permitting and single geographic location requirements of a stationary
floating processor. NMFS agrees that all catcher/processors and
motherships processing pollock from the AI directed pollock fishery
should meet AFA observer requirements. CMCPs are required only for
shoreside processors and stationary floating processors to ensure that
all catch is sorted and weighed and to ensure the facilities and
practices to support an observer are provided. The practices used for
processing pollock at shoreside processors and stationary floating
processors are similar, and therefore, the CMCP requirement is applied
to both types of processing facilities.
Comment 12: The December 2004 allocation of groundfish in the BSAI
resulted in an increase of 4,460 mt for BS pollock and a reduction of
non-pollock fisheries by the same amount to ensure the 2 million mt
optimum yield is not exceeded. The Council policy requires funding the
AI pollock allocation by reducing the BS pollock allocation. By
increasing the BS pollock allocation in the harvest specifications and
subsequently reducing the non-pollock fisheries allocations, the non-
pollock fisheries are funding the AI pollock allocation. Any unused AI
pollock should be returned to the BS fisheries in proportion to the
funding, approximately 75 percent for the BS pollock fishery and 25
percent for the non-pollock fisheries. This may be accomplished by
reallocating the unused AI pollock funded from the non-pollock
fisheries into a non-specified reserve available to the non-pollock
fisheries.
Response: The proposed BS pollock initial TAC was 1,327,005 mt (69
FR 70974, December 8, 2004), and the final initial TAC recommended by
the Council is 1,330,650 mt. The Council has recommended a final
initial pollock TAC 3,645 mt higher than the proposed initial TAC for
BS pollock. NMFS has not yet published final initial TACs for the
groundfish fisheries, but is aware that the sum of the harvest levels
must not exceed the 2 million mt optimum yield maximum.
Each year, NMFS considers the Council's harvest recommendations for
the groundfish fisheries. The Council's policy for funding the AI
directed pollock fishery from the BS pollock fishery is specified in
Amendment 82 to the FMP. The Council recommended that all unharvested
AI pollock be reallocated to the BS pollock fishery because the intent
is to restore the pollock harvest to the BS pollock fishery. Thus, the
Council has recommended that unused AI pollock
[[Page 9860]]
be reallocated to the BS pollock fishery rather than attempting
complicated proportional reallocations. NMFS approved this policy as a
provision of Amendment 82.
Regulatory Amendments and Changes from the Proposed Rule in the Final
Rule
Detailed descriptions of the regulatory amendments required to
implement the management provisions for the AI directed pollock fishery
pursuant to Amendment 82 and Pub. L. 108-199 were published in the
proposed rule for this action (69 FR 70589, December 7, 2004). Several
changes are made in the final rule from the proposed rule, as detailed
below.
Section 679.4 Permits
Proposed Sec. 679.4(m)(2) specifies the information that the Aleut
Corporation would have been required to submit to NMFS in the
application for approval of each participant in the AI directed pollock
fishery. For stationary floating processors and shoreside processors
this information would have included an approved CMCP (proposed Sec.
679.4(m)(2)(iii)). NMFS has determined that submission of the CMCP at
the time of application for participant approval is an unwarranted
burden, and therefore, does not implement proposed Sec.
679.4(m)(2)(iii) in this final rule. However, submission and approval
of a CMCP is nevertheless required as proposed before a shoreside
processor or a stationary floating processor may lawfully process
pollock harvested in the AI directed pollock fishery (see Sec. Sec.
679.7(l)(3)(iii) and 679.28(g)(2)).
Section 679.20 General Limitations
Based on comments received, three changes are made to the proposed
provisions for the management of the incidental catch allowance (ICA)
in paragraph (a)(5)(iii) which establishes the AI pollock allocations
and seasonal apportionments. See the responses to Comments 7, 8 and 9
above for details.
Section 679.21 Prohibited Species Bycatch Management
The proposed rule included a separate Chinook salmon prohibited
species catch (PSC) limit of 700 fish for the AI directed pollock
fishery. If the amount of Chinook salmon bycatch in the AI subarea were
to exceed the 700 fish limit, only the AI portion of the Chinook salmon
savings areas would be closed (area 1 on Figure 8 to 50 CFR part 679).
Under paragraph (e)(1)(i), 7.5 percent of each PSC amount is
allocated to the CDQ fisheries. PSC restrictions for the CDQ program
are based on the portions of the PSC amounts allocated to the CDQ
program. Because the CDQ sector will be harvesting pollock in the AI, a
portion of the salmon PSC limit must be allocated to the CDQ sector to
ensure that CDQ participants also will be subject to the salmon area
closure based on the PSC limit established for the CDQ sector.
Therefore, NMFS revises paragraph (e)(1)(i) accordingly.
Section 679.60 Authority and Related Regulations
The citation for the Department of Transportation regulations that
implement provisions of the AFA is corrected in the final rule to 46
CFR part 356.
Section 679.63 Catch Weighing Requirements for Vessels and Processors
The proposed rule revised paragraph (c) to remove references to AI
pollock for AFA inshore processors' requirements for catch weighing,
observer coverage, and prior notification. AI pollock likely will not
be processed by any inshore facilities in 2005. The only inshore
facilities that may be able to process AI pollock are AFA qualified
facilities in Dutch Harbor. These facilities already meet AFA catch
weighing and observer requirements for all pollock received and can
easily provide the same for any AI pollock that may be delivered. To
ensure consistency in the monitoring of pollock landed at AFA
facilities, NMFS has determined that maintaining the same level of
catch weighing and observer requirements for all pollock delivered at
AFA inshore processors is necessary. Thus, NMFS has determined that the
revisions to this section are not necessary and has removed them in the
final rule.
NMFS is further considering catch monitoring and observer
provisions for non-AFA qualified shoreside and stationary floating
processors that may process AI pollock and intends to consider
additional rulemaking in the future. The level of monitoring and
verification for a quota-based program such as the AI directed pollock
fishery should be similar to that implemented for AFA fisheries to
enhance accurate quota management. Current provisions in this final
rule do not provide for all AI pollock delivered to shoreside and
stationary floating processors to be observed during catch weighing and
sorting. Because neither non-AFA shoreside processors nor stationary
floating processors are likely to be used for the AI directed pollock
fishery in the immediate future, NMFS has determined that this is not a
significant monitoring or enforcement concern at this time.
Classification
The Regional Administrator determined that Amendment 82 is
necessary for the conservation and management of the BSAI groundfish
fishery and that it is consistent with the Magnuson-Stevens Act and
other applicable laws.
The AI directed pollock fishery will remain closed until the
effective date of the final rule. The Council made final
recommendations for this program in October 2004, and NMFS commenced
the rulemaking process as soon as possible after receiving the
recommendations. Pollock harvested in the early part of the year
usually bears roe which is one of the most valuable components of the
total pollock harvest in the year. In 2005, the pollock roe is maturing
at a faster rate than anticipated and is likely to reach peak maturity
at the end of February.
All of the participants in the AI directed pollock fishery are AFA
vessels which also are used in the Bering Sea pollock fishery. These
participants have completed negotiating their contracts for Bering Sea
and AI pollock harvest for the year. Because pollock is more valuable
during the roe producing season Bering Sea pollock fishery, a short
window of opportunity exists in late February and early March for the
Aleut Corporation to harvest AI pollock. Industry representatives have
stated that they are ready to participate in the AI directed pollock
fishery on February 28, 2005. They will be moving their vessels from
the Bering Sea to the AI in preparation for the AI directed pollock
fishery. A delay in the effectiveness of the rule would result in
severe economic impact on the AI directed pollock fishery participants.
The participants would be unable to harvest AI pollock during the roe
season, would lose money in moving the vessels to the AI without the
opportunity to harvest in the AI at the time period that they are
available, and the lost revenue cannot be recovered by pollock
harvested at a later time in the year due to less valuable fish being
available.
The potential loss in revenue would prevent the Aleut Corporation
from meeting the statutory goal of economic development in Adak, Alaska
for this year. Moreover, the Aleut Corporation has worked closely with
NMFS and the Council in the development of this rule and is aware of
its general requirements and is prepared to meet them. In addition, the
directed pollock fishery in the AI has been closed since 1999;
consequently, no current participants
[[Page 9861]]
exist who might require time to conform ongoing fishing activities to
the requirements of this final rule. For these reasons, the Assistant
Administrator for Fisheries finds good cause to waive the 30-day delay
in effectiveness for the final rule and makes its provisions effective
upon filing with the Office of the Federal Register.
This final rule has been determined to be not significant for the
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action 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 required and none was
prepared.
This final rule contains collection-of-information requirements
subject to the Paperwork Reduction Act (PRA) and which have been
approved on February 18, 2005, by Office of Management and Budget (OMB)
under a request for emergency clearance. Public reporting burden per
response for these requirements are listed by OMB control number.
OMB Control No. 0648-0206
Federal fisheries permit application, 21 minutes; Federal processor
permit application, 21 minutes.
OMB Control No. 0648-0213
Weekly production reports, 17 minutes; check-in/check-out report,
shoreside processor, 8 minutes; check-in/check-out report, mothership
or catcher/processor, 7 minutes; daily production report, 11 minutes;
buying station report, 23 minutes; catcher vessel trawl gear daily
fishing logbook (DFL), 18 minutes; catcher vessel longline or pot gear
DFL, 28 minutes; shoreside processor daily cumulative production
logbook (DCPL), 31 minutes; mothership DCPL, 31 minutes; catcher/
processor longline and pot gear DCPL, 41 minutes; and catcher/processor
trawl gear DCPL, 30 minutes.
OMB Control No. 0648-0330
Inshore processor catch monitoring and control plan, 40 hours.
OMB control No. 0648-0334
LLP permit, 1 hour.
OMB Control No. 0648-0393
AFA inshore processor permit application, 2 hours; AFA catcher
vessel permit application, 2 hours; AFA mothership, 2 hours; and AFA
catcher/processor permit application, 0 hours.
OMB Control No. 0648-0401
Catcher vessel cooperative pollock catch report, 5 minutes;
shoreside processor electronic logbook report, 35 minutes.
OMB Control No. 0648-0513
List of participating harvestors and processors in the AI directed
pollock fishery, 32 hours; copy of NMFS' approval to participants, 4
hours; and appeals of NMFS' disapproval of participating harvestors or
processors, 4 hours. This information collection has been approved for
six months through an emergency request, and will be re-submitted for
approval for a full three-year period.
Response times include 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 these burden estimates or any other aspect of
this data collection, including suggestions for reducing the burden, to
NMFS (see ADDRESSES).
Comments are invited on: (a) whether the proposed collection-of-
information is necessary for the proper performance of the functions of
the agency, including whether the information shall have practical
utility; (b) the accuracy of the agency's estimate of the burden
(including hours and cost) of the proposed collection-of-information;
(c) ways to enhance the quality, utility, and clarity of the
information to be collected; and (d) ways to minimize the burden of the
collection-of-information on respondents, including through the use of
automated collection techniques or other forms of information
technology.
Comments submitted in response to this notice will be summarized
and/or included in the request for OMB approval of 0648-0513; they also
will become a matter of public record.
Notwithstanding any other provision of 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.
Consultation under the Endangered Species Act was concluded for
Amendment 82 on October 22, 2004. As a result of the consultation, the
Regional Administrator determined that fishing activities under this
rule are not likely to adversely affect endangered or threatened
species or their critical habitat. Pollock is an important prey species
for the endangered and threatened Steller sea lion populations. The
Steller sea lion protection measures evaluated in the 2000 and 2001
Biological Opinions (see ADDRESSES) were considered in the development
of the management provisions of Amendment 82. The protection measures
for Steller sea lions include spatial and temporal dispersion of
pollock harvest. The pollock fishing closure areas in the AI would
remain unchanged under Amendment 82 to ensure spatial dispersion of
fishing effort. To temporally disperse harvest of prey species, the
Steller sea lion protection measures apportion 40 percent of pollock
harvest in the BSAI to the A season and 60 percent to the B season.
Amendment 82 would continue to temporally disperse pollock harvest with
no more than 40 percent of the ABC permitted to be harvested in the A
season. The total harvest of pollock in the BS, including any
reallocation of unharvested AI pollock, also will remain well below the
ABC so that overall harvest would be in proportion to biomass and less
likely to compete with Steller sea lions for prey.
List of Subjects in 15 CFR Part 902 and 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and reporting requirements.
Dated: February 22, 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 15 CFR part 902, chapter IX,
is amended as follows:
15 CFR Chapter IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT OMB CONTROL NUMBERS
0
1. The authority citation for part 902 continues to read as follows:
Authority: 44 U.S.C. 3501 et seq.
0
2. In Sec. 902.1, the table in paragraph (b) is amended by adding
under 50 CFR the following entries in numerical order:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
[[Page 9862]]
------------------------------------------------------------------------
Current OMB control number
CFR part or section where the information (All numbers begin with
collection requirement is located 0648-)
------------------------------------------------------------------------
* * * * *
50 CFR ...........................
* * * * *
679.4(m)(2) -0513
679.4(m)(4) -0513
* * * * *
679.5(q) -0513
* * * * *
------------------------------------------------------------------------
0
For reasons set out in the preamble, 50 CFR part 679 is amended as
follows:
50 CFR Chapter VI
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
3. The authority citation for part 679 is revised to read as follows:
Authority: 16 U.S.C. 773 et seq.; 1540(f); 1801 et seq.; 1851
note; 3631 et seq.
0
4. In Sec. 679.1, paragraph (k) is revised to read as follows:
Sec. 679.1 Purpose and scope.
* * * * *
(k) American Fisheries Act and AI directed pollock fishery
measures. Regulations in this part were developed by NMFS and the
Council under the Magnuson-Stevens Act, the American Fisheries Act
(AFA), and the Consolidated Appropriations Act of 2004 to govern
commercial fishing for BSAI pollock according to the requirements of
the AFA and the Consolidated Appropriations Act of 2004. This part also
governs payment and collection of the loan, under the AFA, the
Magnuson-Stevens Act, and Title XI of the Merchant Marine Act, 1936,
made to all those persons who harvest pollock from the directed fishing
allowance allocated to the inshore component under section 206(b)(1) of
the AFA.
0
5. In Sec. 679.2, the definitions for ``AFA catcher/processor,'' ``AFA
catcher vessel,'' ``AFA crab processing facility,'' ``AFA entity,''
``AFA inshore processor,'' ``AFA mothership,'' ``designated primary
processor,'' ``fishery cooperative or cooperative,'' ``license
limitation groundfish,'' ``listed AFA catcher/processor,'' and
``unlisted AFA catcher/processor,'' are revised, and the definitions
for ``AI directed pollock fishery,'' ``Aleut Corporation,'' ``Aleut
Corporation entity,'' and ``designated contact for the Aleut
Corporation'' are added in alphabetical order to read as follows:
Sec. 679.2 Definitions.
* * * * *
AFA catcher/processor means a catcher/processor permitted to
harvest BS pollock under Sec. 679.4(l)(2).
AFA catcher vessel means a catcher vessel permitted to harvest BS
pollock under Sec. 679.4(l)(3).
AFA crab processing facility means a processing plant, catcher/
processor, mothership, floating processor or any other operation that
processes any FMP species of BSAI crab, and that is affiliated with an
AFA entity that processes pollock harvested by a catcher vessel
cooperative operating in the inshore or mothership sectors of the BS
pollock fishery.
AFA entity means a group of affiliated individuals, corporations,
or other business concerns that harvest or process pollock in the BS
directed pollock fishery.
AFA inshore processor means a shoreside processor or stationary
floating processor permitted to process BS pollock under Sec.
679.4(l)(5).
AFA mothership means a mothership permitted to process BS pollock
under Sec. 679.4(l)(5).
* * * * *
AI directed pollock fishery means directed fishing for pollock in
the AI under the allocation to the Aleut Corporation authorized at
Sec. 679.20(a)(5)(iii).
* * * * *
Aleut Corporation means the Aleut Corporation incorporated pursuant
to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
Aleut Corporation entity means a harvester or processor selected by
the Aleut Corporation and approved by NMFS to harvest or process
pollock in the AI directed pollock fishery.
* * * * *
Designated contact for the Aleut Corporation means an individual
who is designated by the Aleut Corporation for the purpose of
communication with NMFS regarding the identity of selected AI directed
pollock fishery participants and weekly reports required by Sec.
679.5.
* * * * *
Designated primary processor means an AFA inshore processor that is
designated by an inshore pollock cooperative as the AFA inshore
processor to which the cooperative will deliver at least 90 percent of
its BS pollock allocation during the year in which the AFA inshore
cooperative fishing permit is in effect.
* * * * *
Fishery cooperative or cooperative means any entity cooperatively
managing directed fishing for BS pollock and formed under section 1 of
the Fisherman's Collective Marketing Act of 1934 (15 U.S.C. 521). In
and of itself, a cooperative is not an AFA entity subject to excessive
harvest share limitations, unless a single person, corporation or other
business entity controls the cooperative and the cooperative has the
power to control the fishing activity of its member vessels.
* * * * *
License limitation groundfish means target species and the ``other
species'' category, specified annually pursuant to Sec. 679.20(a)(2),
except that demersal shelf rockfish east of 140[deg] W. longitude,
sablefish managed under the IFQ program, and pollock allocated to the
Aleutian Islands directed pollock fishery and harvested by vessels 60
feet (18.3 m) LOA or less, are not considered license limitation
groundfish.
* * * * *
Listed AFA catcher/processor means an AFA catcher/processor
permitted to harvest BS pollock under Sec. 679.4(l)(2)(i).
* * * * *
Unlisted AFA catcher/processor means an AFA catcher/processor
permitted to harvest BS pollock under Sec. 679.4(l)(2)(ii).
* * * * *
0
6. In Sec. 679.4, paragraphs (l)(1)(i), (l)(5)(iii), (l)(6)(ii)(B),
(l)(6)(ii)(C)(2), (l)(6)(ii)(D)(1)(ii), (l)(6)(ii)(D)(2)(i), and
(l)(6)(ii)(D)(2)(ii) are revised and paragraph (m) is added to read as
follows:
Sec. 679.4 Permits.
* * * * *
(l) * * *
(1) * * *
(i) Applicability. In addition to any other permit and licensing
requirements set out in this part, any vessel used to engage in
directed fishing for a non-CDQ allocation of pollock in the BS and any
shoreside processor, stationary floating processor, or mothership that
receives pollock harvested in a non-CDQ directed pollock fishery in the
BS must have a valid AFA permit onboard the vessel or at the facility
location at all times while non-CDQ pollock is being harvested or
processed. In addition, the owner of any vessel that is a member of a
pollock cooperative in the BS must also have a valid AFA permit for
every vessel that is a member of the cooperative, regardless of whether
or not the vessel actually engages in
[[Page 9863]]
directed fishing for pollock in the BS. Finally, an AFA permit does not
exempt a vessel operator, vessel, or processor from any other
applicable permit or licensing requirement required under this part or
in other state or Federal regulations.
* * * * *
(5) * * *
(iii) Single geographic location requirement. An AFA inshore
processor permit authorizes the processing of pollock harvested in the
BS directed pollock fishery only in a single geographic location during
a fishing year. For the purpose of this paragraph, ``single geographic
location'' means:
(A) Shoreside processors. The physical location at which the land-
based shoreside processor first processed pollock harvested from the BS
subarea directed pollock fishery during a fishing year.
(B) Stationary floating processors. A location within Alaska state
waters that is within 5 nm of the position in which the stationary
floating processor first processed pollock harvested in the BS subarea
directed pollock fishery during a fishing year.
* * * * *
(6) * * *
(ii) * * *
(B) Designated cooperative processor. The name and physical
location of an AFA inshore processor that is designated in the
cooperative contract as the processor to whom the cooperative has
agreed to deliver at least 90 percent of its BS pollock catch;
(C) * * *
(2) The cooperative contract requires that the cooperative deliver
at least 90 percent of its BS pollock catch to its designated AFA
processor; and
* * * * *
(D) * * *
(1) * * *
(ii) LLP permit. The vessel must be named on a valid LLP permit
authorizing the vessel to engage in trawling for pollock in the Bering
Sea subarea. If the vessel is more than 60 feet (18.3 m) LOA, the
vessel must be named on a valid LLP permit endorsed for the AI to
engage in trawling for pollock in the AI; and
* * * * *
(2) * * *
(i) Active vessels. The vessel delivered more pollock harvested in
the BS inshore directed pollock fishery to the AFA inshore processor
designated under paragraph (l)(6)(ii)(B) of this section than to any
other shoreside processor or stationary floating processor during the
year prior to the year in which the cooperative fishing permit will be
in effect; or
(ii) Inactive vessels. The vessel delivered more pollock harvested
in the BS inshore directed pollock fishery to the AFA inshore processor
designated under paragraph (l)(6)(ii)(B) of this section than to any
other shoreside processor or stationary floating processor during the
last year in which the vessel delivered BS pollock harvested in the BS
directed pollock fishery to an AFA inshore processor.
* * * * *
(m) Participation in the AI directed pollock fishery--(1)
Applicability. Harvesting pollock in the AI directed pollock fishery
and processing pollock taken in the AI directed pollock fishery is
authorized only for those harvesters and processors that are selected
by the Aleut Corporation and approved by the Regional Administrator to
harvest pollock in the AI directed pollock fishery or to process
pollock taken in the AI directed pollock fishery.
(2) Annual selection of participants by the Aleut Corporation. Each
year and at least 14 days before harvesting pollock in the AI directed
pollock fishery or processing pollock harvested in the AI directed
pollock fishery, a participant must be selected by the Aleut
Corporation and the following information for each participant must be
submitted by the designated contact to the Regional Administrator:
(i) Vessel or processor name;
(ii) Federal fisheries permits number issued under paragraph (b) of
this section or Federal processor permit issued under paragraph (f) of
this section; and
(iii) The fishing year which participation approval is requested.
(3) Participant approval. (i) Participants must have:
(A) A valid Federal fisheries permit or Federal processing permit,
pursuant to paragraphs (b) and (f) of this section, respectively;
(B) A valid fishery endorsement on the vessel's U.S. Coast Guard
documentation for the vessel's participation in the U. S. fishery; and
(C) A valid AFA permit under: paragraph (l)(2) of this section for
all catcher/processors, paragraph (l)(3) of this section for all
catcher vessels greater than 60 ft (18.3 m) LOA, or paragraph (l)(4) of
this section for all motherships.
(ii) Each participant selected by the Aleut Corporation that meets
the conditions under paragraph (m)(3)(i) of this section will be
approved by the Regional Administrator for participation in the AI
directed pollock fishery.
(iii) The Regional Administrator will provide to the designated
contact for the Aleut Corporation the identity of each approved
participant and the date upon which participation in the AI directed
pollock fishery may commence. The Aleut Corporation shall forward to
the approved participants a copy of NMFS's approval letter before
harvesting or processing occurs.
(iv) A copy of NMFS' approval letter for participating in the AI
directed pollock fishery during the fishing year must be on site at the
shoreside processor or stationary floating processor, or on board the
vessel at all times and must be presented for inspection upon the
request of any authorized officer.
(4) Participant disapproval. (i) The Regional Administrator shall
disapprove any participant that does not meet the conditions under
paragraph (m)(3)(i) of this section. The Regional Administrator will
notify in writing the Aleut Corporation and the selected participant of
the disapproval. The selected participant will have 30 days in which to
submit proof of meeting the requirements to participate in the AI
directed pollock fishery.
(ii) The Regional Administrator will prepare and send an initial
administrative determinations (IAD) to the selected participant
following the expiration of the 30-day evidentiary period if the
Regional Administrator determines that the information or evidence
provided by the selected participant fails to support the participant's
claims and is insufficient to rebut the presumption that the
disapproval for participation in the AI directed pollock fishery is
correct or if the additional information or evidence is not provided
within the time period specified in the letter that notifies the
applicant of his or her 30-day evidentiary period. The IAD will
indicate the deficiencies in the information required, including the
evidence submitted in support of the information. The IAD also will
indicate which claims cannot be approved based on the available
information or evidence. A participant who receives an IAD may appeal
under the appeals procedures set out at Sec. 679.43. A participant who
avails himself or herself of the opportunity to appeal an IAD will
receive an interim approval from NMFS authorizing participation in the
AI directed pollock fishery. An interim approval based on claims
contrary to the final determination will expire upon final agency
determination.
0
7. In Sec. 679.5, paragraphs (a)(7)(xv)(F), (h)(1)(i), (h)(1)(ii)(I),
and (q) are added to read as follows:
[[Page 9864]]
Sec. 679.5 Recordkeeping and reporting (R&R).
(a)* * *
(7) * * *
(xv) * * *
------------------------------------------------------------------------
Indicate
yes and
If harvest made under ... program record Reference
the ...
------------------------------------------------------------------------
* * * * *
........
(F) AIP n/a Subpart F to part 679
------------------------------------------------------------------------
* * * * *
(h) * * *
(1) * * *
(i) Check-in report (BEGIN message). Except as indicated in
paragraph (h)(1)(iii) of this section, the operator or manager must
submit a check-in report according to the following table:
------------------------------------------------------------------------
Submit a separate BEGIN message Within this time
for ... If you are a ... limit
------------------------------------------------------------------------
(A) Each reporting area of (1) C/P using Before gear
groundfish harvest, except 300, trawl gear. deployment
400, 550, or 690
(2) C/P using Before gear
longline or pot deployment. May
gear. be checked in to
more than one
area
simultaneously.
(3) MS, SS, SFP... Before receiving
groundfish. May
be checked in to
more than one
area
simultaneously.
(4) MS............ Must check-in to
reporting area(s)
where groundfish
were harvested.
(B) COBLZ or RKCSA (1) C/P using Prior to fishing.
trawl gear. Submit one check-
in for the COBLZ
or RKCSA and
another check-in
for the area
outside the COBLZ
or RKCSA.
(2) MS, SS, SFP... Before receiving
groundfish
harvested with
trawl gear,
submit one check-
in for the COBLZ
or RKCSA and
another check-in
for the area
outside the COBLZ
or RKCSA.
(C) Gear Type (1) C/P........... If in the same
reporting area
but using more
than one gear
type, prior to
fishing submit a
separate check-in
for each gear
type.
(2) MS, SS, SFP... If harvested in
the same
reporting area
but using more
than one gear
type, prior to
receiving
groundfish submit
a separate check-
in for each gear
type.
(D) CDQ (1) C/P........... If in the same
reporting area
but using more
than one gear
type, prior to
fishing submit a
separate check-in
for each gear
type.
(2) MS, SS, SFP... Prior to receiving
groundfish CDQ.
If receiving
groundfish under
more than one CDQ
number, use a
separate check-in
for each number.
(E) Exempted or Research Fishery (1) C/P........... If in an exempted
or research
fishery, prior to
fishing submit a
separate check-in
for each type.
(2) MS, SS, SFP... If receiving
groundfish from
an exempted or
research fishery,
prior to
receiving submit
a separate check-
in for each type.
(F) Processor Type C/P, MS........... If a catcher/
processor and
functioning
simultaneously as
a mothership in
the same
reporting area,
before
functioning as
either processor
type.
(G) Change of fishing year C/P, MS, SS, SFP.. If continually
active through
the end of one
fishing year and
at the beginning
of a second
fishing year,
submit a check-in
for each
reporting area to
start the year on
January 1.
(H) AIP (1)C/P............ Prior to AI
pollock fishing.
(2) MS, SS, SFP... Before receiving
AI pollock.
------------------------------------------------------------------------
(ii) * * *
------------------------------------------------------------------------
Submit a separate BEGIN message Within this time
for ... If you are a ... limit
------------------------------------------------------------------------
(I) AIP (1) C/P........... Within 24 hours
after completion
of gear retrieval
for AI pollock.
(2) SS, SFP....... Within 48 hours
after the end of
the applicable
weekly reporting
period that a
shoreside
processor or SFP
ceases to receive
or process AI
pollock for the
fishing year.
(3) MS............ Within 24 hours
after receipt of
AIP pollock has
ceased.
------------------------------------------------------------------------
* * * * *
(q) AI directed pollock fishery catch reports--(1) Applicability.
The Aleut Corporation shall provide NMFS the identity of its designated
contact for the Aleut Corporation. The Aleut Corporation shall submit
to the Regional Administrator a pollock catch report containing
information required by paragraph (q)(3) of this section.
(2) Time limits and submittal. (i) The Aleut Corporation must
submit its AI directed pollock fishery catch reports by one of the
following methods:
(A) An electronic data file in a format approved by NMFS; or
(B) By fax.
(ii) The AI directed pollock fishery catch reports must be received
by the Regional Administrator by 1200 hours, A.l.t. on Tuesday
following the end of the applicable weekly reporting period, as defined
at Sec. 679.2.
(3) Information required. The AI directed pollock fishery catch
report must contain the following information:
[[Page 9865]]
(i) Catcher vessel ADF&G number;
(ii) Federal fisheries or Federal processor permit number;
(iii) Delivery date;
(iv) Pollock harvested:
(A) For shoreside and stationary floating processors and
motherships, the amount of pollock (in lb for shoreside and stationary
floating processors and in mt for motherships) delivered,
