Fisheries of the Exclusive Economic Zone Off Alaska; Revisions to Western Alaska Community Development Quota Program, 15010-15016 [05-5755]
Download as PDF
15010
Federal Register / Vol. 70, No. 56 / Thursday, March 24, 2005 / Rules and Regulations
vertical separation between control
point or ground level and the center of
the radiating portion of the antenna of
any units so used does not exceed 8
meters (approximately 25 feet). This
frequency is available for assignment as
follows:
(i) To persons furnishing commercial
air transportation service or, pursuant to
§ 90.179, to an entity furnishing radio
communications service to persons so
engaged, for stations located on or near
the airports listed in paragraph
(c)(61)(iv) of this section. Stations will
be authorized on a primary basis and
may be used only in connection with
servicing and supplying of aircraft.
Operation on this frequency is limited
to a maximum effective radiated power
(ERP) of 40 watts at locations within 16
km (approximately 10 miles) of the
coordinates of the listed airports.
(ii) To stations in the Industrial/
Business Pool for secondary use at
locations 80 km (approximately 50
miles) or more from the coordinates of
the listed airports. Operation will be
limited to a maximum ERP of 120 watts.
Wide area operation will not be
permitted. The area of normal, day-today operations will be described in the
application.
(iii) To stations in the Industrial/
Business Pool for secondary use at
locations greater than 16 km
(approximately 10 miles) but less than
80 km (approximately 50 miles) from
the coordinates of the listed airports.
Operation will be limited to a maximum
ERP of 6 watts. Use of this frequency is
restricted to the confines of an
industrial complex or manufacturing
yard area. Stations licensed prior to
April 25, 2005, may continue to operate
with facilities authorized as of that date.
(iv) Stations operating on the
frequencies subject to the provisions of
§ 90.35(b)(69) will be limited to a
maximum output power of 2 watts until
January 30, 2006, which is thirty days
after the December 31, 2005 lifting of
the freeze on the filing of high powered
applications for 12.5 kHz offset
channels in the 460–470 MHz band.
*
*
*
*
*
[FR Doc. 05–5843 Filed 3–23–05; 8:45 am]
BILLING CODE 6712–01–P
VerDate jul<14>2003
15:02 Mar 23, 2005
Jkt 205001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 041110318–5055–02; I.D.
110504E]
RIN 0648–AS00
Fisheries of the Exclusive Economic
Zone Off Alaska; Revisions to Western
Alaska Community Development
Quota Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues a final rule to
revise regulations governing the
Western Alaska Community
Development Quota (CDQ) Program.
These regulatory amendments will
simplify the processes for making quota
transfers, for authorizing vessels as
eligible to participate in the CDQ
fisheries, and for obtaining approval of
alternative fishing plans. This action is
necessary to improve NMFS’s ability to
effectively administer the CDQ Program.
It is intended to further the goals and
objectives of the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(BSAI FMP).
DATES: Effective April 25, 2005.
ADDRESSES: Copies of the Categorical
Exclusion and the Regulatory Impact
Review/Initial Regulatory Flexibility
Analysis (RIR/IRFA) and the Final
Regulatory Flexibility Analysis (FRFA)
prepared for this action may be obtained
by mail from the Sustainable Fisheries
Division, Alaska Region, NMFS, P.O.
Box 21668, Juneau, AK 99802–1668,
Attn: Lori Durall, or from the NMFS
Alaska Region website at
www.fakr.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228 or
obren.davis@noaa.gov.
SUPPLEMENTARY INFORMATION: The
groundfish fisheries in the exclusive
economic zone of the Bering Sea and
Aleutian Islands Area (BSAI) are
managed under the BSAI FMP. The
North Pacific Fishery Management
Council (Council) prepared the BSAI
FMP pursuant to the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), 16 U.S.C.
1801, et seq. Regulations governing the
BSAI FMP appear at 50 CFR part 679.
General regulations governing U.S.
fisheries also appear at 50 CFR part 600.
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
Background and Need for Action
The existing management background
and explanation of the need for this
action were described in the preamble
to the proposed rule published in the
Federal Register on November 26, 2004
(69 FR 68865). In summary, the Council
recommended simplifying certain
administrative processes associated
with CDQ transfers, prohibited species
quota (PSQ) transfers, and alternative
fishing plans (collectively, Issue 8) as
part of its comprehensive
recommendation for the eight separate
issues comprising Amendment 71 to the
BSAI FMP. This action will implement
the particular changes recommended for
Issue 8, as well as associated changes to
the eligible vessel approval process that
NMFS has determined are related in
nature and scope to the Council’s
recommendations for alternative fishing
plans.
Elements of this Rule
This rule will make the following
revisions to CDQ Program regulations at
50 CFR part 679:
1. Revise § 679.30(e) to allow CDQ
groups to transfer groundfish CDQ and
halibut CDQ by submitting transfer
requests directly to NMFS and to
remove the requirement that these
transfers be made through amendments
to CDQ groups’ community
development plans (CDPs). CDQ transfer
requests will no longer have to be
submitted to the State of Alaska (State)
for review before being submitted to
NMFS.
2. Revise § 679.30(e) to allow CDQ
groups to transfer prohibited species
quota (PSQ) by submitting transfer
requests directly to NMFS and to
remove the requirement that these
transfers be made through amendments
to the CDPs. PSQ transfer requests will
no longer have to be submitted to the
State for review before being submitted
to NMFS. In addition, this action will
allow the transfer of PSQ during any
month of the year and allow transfers of
PSQ without an associated transfer of
CDQ. The CDQ and PSQ transfer
process will become an in-season
management function of NMFS.
3. Remove the requirements at
§ 679.30(a) that fishing plan forms and
a list of eligible vessels be included in
a group’s CDP. Vessel eligibility
requirements are added to redesignated
and revised § 679.32(c) to require that:
CDQ groups request and obtain
eligibility approval from NMFS for all
vessels groundfish CDQ fishing and for
vessels equal to or greater than 60 feet
(18.3 meters) length overall (LOA) that
are halibut CDQ fishing before these
E:\FR\FM\24MRR1.SGM
24MRR1
Federal Register / Vol. 70, No. 56 / Thursday, March 24, 2005 / Rules and Regulations
vessels participate in any CDQ fisheries;
CDQ groups provide a copy of the
NMFS-approved eligible vessel request
to the vessel operator; vessel operators
maintain a copy of the NMFS-approved
request onboard the vessel at all times
while harvesting, transporting, or
offloading CDQ; and, CDQ groups must
notify the vessel operator if the vessel is
removed from eligibility to fish for CDQ.
Vessel eligibility requirements and
documentation are intended to provide
a means for law enforcement personnel
to verify whether vessels claiming to be
participating in CDQ fisheries are
eligible to do so, particularly if no other
non-CDQ fisheries are open at a given
time.
4. Remove the requirement at
§ 679.30(a) that a CDQ group obtain
prior approval by the State and NMFS
for all processors taking deliveries of
groundfish CDQ.
5. Amend § 679.32(e) to allow CDQ
groups to submit alternative fishing
plans directly to NMFS rather than as
amendments to a CDP. Such plans are
used by CDQ groups to propose the use
of different levels of observer coverage
or different data sources for catch
accounting than those required by
regulation. An alternative fishing plan
will be an attachment to an eligible
vessel request. Additionally, CDQ
groups will be required to provide a
copy of the NMFS-approved alternative
fishing plan to vessel operators who will
be required to maintain a copy of the
NMFS-approved alternative fishing plan
onboard the vessel at all times while
harvesting, transporting, or offloading
CDQ.
6. Implement other minor revisions to
the regulations at §§ 679.2, 679.5, 679.7,
679.22, 679.30, 679.32, and 679.50 to
update wording, clarify definitions, and
correct cross references in support of the
primary regulatory amendments in this
rule. The definitions for ‘‘CDQ group
number’’ and ‘‘groundfish CDQ fishing’’
are revised to remove references to
approval of eligible vessels and
processors as part of a CDP. The
definition for ‘‘CDQ representative’’ is
revised to allow CDQ groups to
authorize more than one staff person to
sign and submit documents to NMFS. A
new definition of ‘‘eligible vessel’’ is
added to support the use of that term
elsewhere in 50 CFR part 679.
7. Revise several paragraphs within
§§ 679.7, 679.30, and 679.32 to remove
requirements that a CDQ group must
ensure its respective fishing and
processing partners’ compliance with
regulations in 50 CFR part 679, as CDQ
groups are not in a position to direct,
control, or otherwise affect the
VerDate jul<14>2003
15:02 Mar 23, 2005
Jkt 205001
operations or action of their partners.
Specific revisions include:
• In § 679.7, remove paragraph (d)(24)
which states that it is unlawful for a
CDQ group to fail to ensure that all
vessels and processors listed as eligible
on the CDQ group’s approved CDP
comply with all regulations in this part
while fishing for CDQ.
• In § 679.30(a), remove the sentence
in the middle of the paragraph that
reads ‘‘In addition, the CDQ group is
responsible to ensure that vessels and
processors listed as eligible on the CDQ
group’s approved CDP comply with all
requirements of this part while
harvesting or processing CDQ species.’’
• In § 679.30, remove paragraph (f)(6)
which states that the CDQ groups are
responsible for ensuring compliance by
the CDQ harvesting vessels and CDQ
processors of the activities listed.
• In § 679.32(a), revise the paragraph
to include a more general statement of
applicability for the entire section. The
individual paragraphs within the
section will include the specific
applicability of each topic to CDQ
groups, vessel operators, and processors.
Response to Comments
NMFS received three separate
comment letters, containing a total of
six unique comments, regarding the
proposed rule. The comments are
summarized and responded to below.
Comment 1: The wholesale allowance
of overfishing should not be allowed.
Response: This action modifies
administrative processes associated
with the management of the CDQ
Program and does not make any
revisions to the amount of fish
authorized to be harvested. The program
allocates specific amounts of CDQ to
eligible recipients, who in turn must
harvest such quota in compliance with
strict catch monitoring and reporting
standards. Currently, no Alaska
groundfish species are considered by
NMFS to be overfished.
Comment 2: Law enforcement
personnel need to monitor the catch and
landing of all fish, since commercial
fishermen bring in at least three times
as much as they are allowed to catch.
Commercial fishermen are lawbreakers
who have been overfishing per the Pew
Report and the United Nations Report
on Overfishing, which are incorporated
into the comments from this
commentor.
Response: NMFS disagrees with the
commentor’s assertion that groundfish
fishers systematically under-report their
catch. The recordkeeping and reporting
requirements in Alaska groundfish
fisheries are comprehensive, and NMFS
and U.S. Coast Guard law enforcement
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
15011
officers conduct numerous vessel
boardings and seafood processor
inspections each year. Catch and
reporting violations occur, but are
relatively infrequent. Such violations
are prosecuted pursuant to the
Magnuson-Stevens Act.
Comment 3: Marine sanctuaries
should be established immediately and
all vessels should be excluded from
them.
Response: This action does not
address the creation of marine
sanctuaries. The concept of establishing
marine reserves is explored in the draft
environmental impact statement (EIS)
for essential fish habitat, dated January
2004. Further information on this draft
EIS may be found at the NMFS Alaska
Region website at www.fakr.noaa.gov.
Comment 4: Regional fishery
management councils do not meet the
Federal Advisory Committee Act
(FACA) rules of being balanced. Such
councils are controlled by fishing
profiteers, who dominate which quotas
are allowed.
Response: This action does not
address issues related to the
membership of regional fishery
management councils or the FACA.
Furthermore, FACA does not apply to
regional fishery management councils
(16 U.S.C. 1852(i)(1)). Council members
who are appointed by the Secretary
must comply with financial disclosure
requirements at 50 CFR 600.235(b) and
are recused from voting on any Council
decision that would have a significant
and predictable effect on a financial
interest disclosed in his or her report
(50 CFR 600.235(c)).
Comment 5: Marine resources are not
owned exclusively by commercial
fishermen and the fish in the ocean
belong to all U.S. citizens. Seals should
have some fish to eat, too.
Response: This action does not make
any revisions to the amount of fish that
may be harvested. The groundfish
fisheries off Alaska are managed within
a structure of science-based
conservation and management practices.
NMFS limits the amount of fish that
may be harvested in the groundfish
fisheries off Alaska by setting annual
catch limits based on the best scientific
information available about each
specific stock under consideration. In
the course of considering both catch
limits and regulatory changes, NMFS
and the Council consider a broad range
of alternatives to address biological,
environmental, and economic concerns.
This process also includes an
examination of the potential impacts of
alternatives on marine mammals,
including seals.
E:\FR\FM\24MRR1.SGM
24MRR1
15012
Federal Register / Vol. 70, No. 56 / Thursday, March 24, 2005 / Rules and Regulations
Comment 6: We support the proposed
changes. The proposed revisions will
increase CDQ harvesting flexibility and
decrease the administrative burden on
the State of Alaska, NMFS, and the CDQ
groups.
Response: NMFS agrees that these
revisions will increase CDQ
management flexibility and alleviate
some portion of the management burden
associated with submitting and
reviewing CDQ and PSQ transfers,
fishing plan forms, and alternative
fishing plans.
Changes from the Proposed Rule
No substantive changes are made in
this final rule from the proposed rule.
Classification
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The NMFS prepared a final regulatory
flexibility analysis (FRFA). The FRFA
incorporates the IRFA, a summary of the
significant issues raised by the public
comments in response to the IRFA, and
NMFS responses to those comments,
and a summary of the analyses
completed to support the action. A
summary of the FRFA and how it
addresses each of the requirements in 5
U.S.C. 604(a)(1)-(5) follows. A copy of
this FRFA is available from NMFS (see
ADDRESSES).
Need for and Objectives of the Rule
A description of the need for and
objectives of this action is contained in
the preamble to the proposed rule
published in the Federal Register on
November 26, 2004 (69 FR 68865), and
in the preamble to this final rule.
Summary of Significant Issues Raised in
Public Comment
None of the comments received
specifically addressed the IRFA or the
economic impacts of this action. Two
letters of comments supporting the
action were received from two CDQ
groups, both of which are small entities
under the RFA. The CDQ groups
identified reduced reporting and
administrative burdens, along with
additional flexibility to maximize the
harvest of target species, as the reasons
for their support.
Description and Estimate of Number of
Small Entities to Which the Rule Will
Apply
The entities that will be directly
regulated by this action are the 6 CDQ
groups that represent the 65 western
Alaska communities that currently
participate in the CDQ Program, as well
as the owners and operators of vessels
VerDate jul<14>2003
15:02 Mar 23, 2005
Jkt 205001
harvesting CDQ on behalf of the CDQ
groups. The CDQ groups include:
Aleutian Pribilof Island Community
Development Association, Bristol Bay
Economic Development Corporation,
Central Bering Sea Fishermen’s
Association, Coastal Villages Region
Fund, Norton Sound Economic
Development Corporation, and Yukon
Delta Fisheries Development
Association. Each of these groups is
organized as a not-for-profit entity and
none is dominant in its field.
Consequently, each is a small entity
under the Regulatory Flexibility Act
(RFA). Many of the 83 vessels and at
least 3 of the 10 shoreside processors
participating in the groundfish CDQ
fisheries are small entities.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
All of this action’s primary regulatory
revisions are related to recordkeeping
and reporting requirements. These
requirements apply primarily to the
CDQ groups, because these groups
submit the CDQ and PSQ transfer
request forms, the request for approval
of an eligible vessel forms, and the
alternative fishing plans to NMFS. The
professional skills that are necessary to
prepare and submit the forms required
from a CDQ group and to provide a copy
of the signed form and alternative
fishing plan, if applicable, to vessel
operators include: (1) the ability to read,
write, and speak in English, (2) the
ability to use computer and
communications equipment, (3)
knowledge of the CDQ group’s fishing
activities, including contractual
arrangements with vessel operators and
processing plants, and quota balances,
and (4) the authority to sign and submit
documents to NMFS on behalf of the
CDQ group. These responsibilities
generally are fulfilled by a member of
the CDQ group’s professional staff. The
professional skills necessary for a vessel
operator to maintain a copy of the
signed authorization form and
alternative fishing plan, if applicable,
onboard the vessel include: (1) the
ability to read or understand verbal
instructions in English, and (2) the
organizational skills necessary to
receive a document from the CDQ
group, maintain it in legible condition,
and ensure it is accessible to U.S. Coast
Guard or NMFS enforcement officers
upon request.
Steps Taken to Minimize Economic
Impacts on Small Entities
The FRFA evaluated two alternatives:
(1) the status quo, and (2) the preferred
alternative, which will modify certain
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
administrative processes associated
with quota transfers, eligible vessels,
and alternative fishing plans. As part of
the assessment of the CDQ Program’s
administrative issues considered under
Amendment 71 to the BSAI FMP, the
Council, NMFS, and the State evaluated
current recordkeeping and reporting
requirements and identified several
areas where requirements could be
reduced. This provided a basis for the
preferred alternative implemented by
this action. NMFS believes that this
alternative meets the objective of the
recordkeeping and reporting
requirements of the CDQ Program by
appropriately balancing the
requirements for conservation and
management of the groundfish CDQ
fisheries under the Magnuson-Stevens
Act, with the requirements to minimize
economic burdens under both the
Magnuson-Stevens Act National
Standard 7 (minimize costs and avoid
unnecessary duplication) and the
Paperwork Reduction Act (minimize the
economic burden of recordkeeping and
reporting requirements).
Small Entity Compliance Guide
CDQ groups will be in compliance
with this rule if they follow the revised
submittal procedures for CDQ and PSQ
transfers, eligible vessels, and
alternative fishing plans. This includes:
submitting both transfer requests and
alternative fishing plans directly to
NMFS; discontinuing the inclusion of
fishing plan forms in CDPs; requesting
approval from NMFS to designate
vessels that are eligible to fish for CDQ;
supplying vessel operators with copies
of the NMFS-approved eligible vessel
request form (and alternative fishing
plans, if applicable); and, notifying
vessel operators if their vessel’s
eligibility to fish for CDQ is removed.
Vessel operators operating on behalf of
CDQ groups will be in compliance with
this rule if they maintain a legible copy
of the NMFS-approved eligible vessel
form (and alternative fishing plan, if
applicable) aboard vessels while
harvesting, transporting, or offloading
CDQ. Copies of the final rule are
available from NMFS (see ADDRESSES)
and at the following website:
www.fakr.noaa.gov.
This rule contains a collection-ofinformation requirement subject to the
Paperwork Reduction Act (PRA) and
which has been approved by OMB
under control number 0648–0269.
Public reporting burden is estimated to
average: 520 hours for a Community
Development Plan; 40 hours for a
Substantial Amendment; 8 hours for a
Technical Amendment; 30 minutes for a
CDQ or PSQ Transfer Request; 1 hour
E:\FR\FM\24MRR1.SGM
24MRR1
Federal Register / Vol. 70, No. 56 / Thursday, March 24, 2005 / Rules and Regulations
for a Request for Approval of an Eligible
Vessel; and 4 hours for an Alternative
Fishing Plan. The estimated time to
respond to each requirement includes
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) and by e-mail to
DavidlRostker@omb.eop.gov, or fax to
202–395–7285.
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to 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.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and
reporting requirements.
Dated: March 17, 2005.
Rebecca Lent,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble,
50 CFR part 679 is amended as follows:
I
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
1. The authority citation for part 679
continues to read as follows:
I
Authority: 16 U.S.C. 773 et seq., 1801 et
seq., and 3631 et seq.; 16 U.S.C. 1540(f); Pub.
L. 105–277, Title II of Division C; Pub. L.
106–31, Sec. 3027; and Pub. L.106–554, Sec.
209.
2. In § 679.2, revise the definitions for
‘‘CDQ group number,’’ ‘‘CDQ
representative,’’ and ‘‘Groundfish CDQ
fishing’’ and add the definition for
‘‘Eligible vessel,’’ in alphabetical order,
to read as follows:
I
§ 679.2
Definitions.
*
*
*
*
*
CDQ group number means a number
assigned to a CDQ group by NMFS that
must be recorded and is required in all
logbooks and all reports submitted by
the CDQ group, vessels harvesting CDQ,
or processors taking deliveries of CDQ.
*
*
*
*
*
CDQ representative means any
individual who is authorized by a CDQ
group to sign documents submitted to
NMFS on behalf of the CDQ group.
*
*
*
*
*
VerDate jul<14>2003
15:02 Mar 23, 2005
Jkt 205001
15013
(4) Request for approval of an eligible
vessel—(i) Who must submit a request
for approval of an eligible vessel? A
CDQ group must submit a completed
request for approval of an eligible vessel
to NMFS for each vessel that will be
groundfish CDQ fishing and for each
vessel equal to or greater than 60 ft (18.3
m) LOA that will be halibut CDQ
fishing. See § 679.32(c) for more
information about this requirement.
(ii) Information required—(A) Vessel
information. Enter the vessel name,
Federal fisheries permit number, if
applicable, ADF&G vessel registration
number, and LOA. Indicate all the gear
§ 679.5 Recordkeeping and reporting
types that will be used to catch CDQ.
(R&R).
(B) Vessel contact information. Enter
*
*
*
*
*
the name, mailing address, telephone
(n) * * *
number, and e-mail address (if
(3) CDQ or PSQ transfer request—(i)
Who must submit a CDQ or PSQ transfer available) of a contact person
representing the vessel.
request? A CDQ group requesting
(C) Method to determine CDQ and
transfer of CDQ or PSQ to or from
PSQ catch. Select the method that will
another CDQ group must submit a
be used to determine CDQ and PSQ
completed CDQ or PSQ transfer request
catch, either NMFS standard sources of
to NMFS.
data or an alternative method. If the
(ii) Information required—(A)
selection is ‘‘NMFS standard sources of
Transferring CDQ group information.
data,’’ select either ‘‘all trawl vessels
For the group transferring CDQ, enter:
greater than or equal to 60 ft (18.3 m)
the CDQ group name or initials; the
LOA using non-trawl gear’’ or ‘‘catcher
CDQ group number as defined at
vessels greater than or equal to 60 ft
§ 679.2; and, the CDQ representative’s
(18.3 m) LOA using non-trawl gear.’’ If
telephone number, fax number, printed
the selection is ‘‘catcher vessels greater
name, and signature.
(B) Receiving CDQ group information. than or equal to 60 ft (18.3 m) LOA
using non-trawl gear,’’ select either
For the group receiving CDQ, enter: the
Option 1 or Option 2, described at
CDQ group name or initials; the CDQ
group number as defined at § 679.2; and, § 679.32(e)(2)(iv). If an alternative
method (fishing plan) is proposed, it
the CDQ representative’s telephone
number, fax number, printed name, and must be attached to the request for
approval of an eligible vessel.
signature.
(D) Notice of submission and review.
(C) CDQ amount transferred—(1)
Enter the name, telephone number, and
Species or Species Category. For each
fax number of the CDQ representative;
species for which a transfer is being
the date submitted to NMFS; and
requested, enter the species name or
signature of the CDQ representative.
species category.
*
*
*
*
*
(2) Area. Enter the management area
associated with a species category, if
§ 679.7 [Amended]
applicable.
I 4. In § 679.7, remove paragraph (d)(24)
(3) Amount transferred. Specify the
and redesignate paragraph (d)(25) as
amount being transferred. For
(d)(24).
groundfish, specify transfer amounts to
the nearest 0.001 mt. For halibut CDQ,
I 5. In § 679.30, remove paragraphs
specify the amount in pounds (net
(f)(6), and (g)(4)(iv)(H); redesignate
weight).
paragraph (f)(7) as (f)(6); and revise
(D) PSQ amount transferred—(1)
paragraph (a) introductory text,
Species or Species Category. For each
paragraphs (a)(5), (e), (g)(4)(ii), and
species for which a transfer is being
(g)(4)(iv)(G) to read as follows:
requested, enter the species name or
§ 679.30 General CDQ regulations.
species category.
(2) Crab zone. For crab only, designate
(a) Application procedure. The CDQ
the appropriate zone for each PSQ being program is a voluntary program.
transferred, if applicable.
Allocations of CDQ and PSQ are made
(3) Amount transferred. Specify the
to CDQ groups and not to vessels or
amount being transferred. For crab and
processors fishing under contract with
salmon, specify transfer amounts in
any CDQ group. Any vessel or processor
numbers of animals. For halibut, specify harvesting or processing CDQ or PSQ on
the amount to the nearest 0.001 mt.
behalf of a CDQ group must comply
Eligible vessel means, for the purposes
of the CDQ Program, a fishing vessel
designated by a CDQ group to harvest
part or all of its CDQ allocation and
approved by NMFS under § 679.32(c).
*
*
*
*
*
Groundfish CDQ fishing means
fishing by an eligible vessel that results
in the catch of any groundfish CDQ
species, but that does not meet the
definition of halibut CDQ fishing.
*
*
*
*
*
I 3. In § 679.5, add paragraphs (n)(3) and
(n)(4) to read as follows:
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
E:\FR\FM\24MRR1.SGM
24MRR1
15014
Federal Register / Vol. 70, No. 56 / Thursday, March 24, 2005 / Rules and Regulations
with all other requirements of this part.
Allocations of CDQ and PSQ are harvest
privileges that expire upon the
expiration of the CDP. When a CDP
expires, further CDQ allocations are not
implied or guaranteed, and a qualified
applicant must re-apply for further
allocations on a competitive basis with
other qualified applicants. The CDQ
allocations provide the means for CDQ
groups to complete their CDQ projects.
A qualified applicant may apply for
CDQ and PSQ allocations by submitting
a proposed CDP to the State during the
CDQ application period that is
announced by the State. A proposed
CDP must include the following
information:
*
*
*
*
*
(5) Harvesting plans. A narrative
description of how the CDQ group
intends to harvest and process its CDQ
allocations, including a description of
the target fisheries, the types of vessels
and processors that will be used, the
locations and methods of processing,
and the CDQ group’s proposed partners.
*
*
*
*
*
(e) Transfers—(1) Transfer of annual
CDQ and PSQ. CDQ groups may request
that NMFS transfer CDQ or PSQ from
one group to another group by each
group submitting a completed transfer
request as described in § 679.5(n)(3).
NMFS will approve the transfer request
if the CDQ group transferring quota to
another CDQ group has sufficient quota
available for transfer. If NMFS approves
the request, NMFS will make the
requested transfer(s) by decreasing the
account balance of the CDQ group from
which the CDQ or PSQ species is
transferred and by increasing the
account balance of the CDQ group
receiving the transferred CDQ or PSQ
species. NMFS will not approve
transfers to cover overages of CDQ or
PSQ. The CDQ or PSQ will be
transferred as of the date NMFS
approves the transfer request and is
effective only for the remainder of the
calendar year in which the transfer
occurs.
(2) Transfer of CDQ and PSQ
allocation. CDQ groups may request that
some or all of one group’s CDQ or PSQ
allocation, as defined at § 679.2, be
transferred by NMFS to another group
by each group filing an amendment to
its respective CDP through the CDP
substantial amendment process set forth
at paragraph (g)(4) of this section. The
CDQ or PSQ allocation will be
transferred as of January 1 of the
calendar year following the calendar
year NMFS approves the amendments of
both groups and is effective for the
duration of the CDPs. Transfers of CDQ
VerDate jul<14>2003
15:02 Mar 23, 2005
Jkt 205001
and PSQ allocations must be in whole
integer percentages.
*
*
*
*
*
(g) * * *
(4) * * *
(ii) NMFS will notify the State in
writing of the approval or disapproval of
the amendment within 30 days of
receipt of both the amendment and the
State’s recommendation. Once a
substantial amendment is approved by
NMFS, the amendment will be effective
for the duration of the CDP.
*
*
*
*
*
(iv) * * *
(G) Any transfer of a CDQ allocation
or a PSQ allocation.
*
*
*
*
*
I 6. In § 679.32, redesignate paragraph
(d) as (e), and paragraph (c) as (d); revise
paragraphs (a) and newly redesignated
paragraph (e)(2) introductory text; and
add new paragraphs (c) and (e)(3) to read
as follows:
§ 679.32 Groundfish and halibut CDQ
catch monitoring.
(a) Applicability. This section
contains requirements for CDQ groups,
operators of vessels, and managers of
processors that harvest and/or process
groundfish CDQ, including vessels
equal to or greater than 60 ft (18.3 m)
LOA that are halibut CDQ fishing.
*
*
*
*
*
(c) Vessels eligible for groundfish and
halibut CDQ fisheries. The following
information must be provided by the
CDQ group for all vessels that are
groundfish CDQ fishing and all vessels
equal to or greater than 60 ft (18.3 m)
LOA that are halibut CDQ fishing.
(1) Request for approval of an eligible
vessel. Prior to a vessel participating in
the CDQ fishery, a CDQ group must
submit to NMFS a completed request for
approval of an eligible vessel as
described at § 679.5(n)(4). NMFS will
approve all vessels for which a
completed request is submitted. Once
approved, a vessel will remain eligible
until December 31 of the last year in the
current CDQ allocation cycle under
§ 679.30(d), or until the CDQ group
removes the vessel from eligibility
under paragraph (c)(2) of this section. A
list of eligible vessels for each CDQ
group will be publicly available from
the Alaska Regional Office or on the
NMFS website at https://
www.fakr.noaa.gov. The CDQ group
must provide a copy of the NMFSapproved eligible vessel request to the
operator of the approved vessel. The
vessel operator must maintain a copy of
the eligible vessel request approved by
NMFS onboard the vessel at all times
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
while harvesting, transporting, or
offloading CDQ.
(2) Removing a vessel from eligibility.
A CDQ group may remove a vessel from
eligibility to harvest CDQ on its behalf
by advising NMFS by letter of the
removal. Removal of a vessel from
eligibility to harvest CDQ will be
effective on the date that NMFS
approves the request and notifies the
CDQ group of NMFS’s approval. Upon
receipt of notification of NMFS’s
approval, the CDQ group must notify
the operator of the vessel of the vessel’s
removal from eligibility to harvest CDQ
on behalf of the CDQ group.
*
*
*
*
*
(e) * * *
(2) Verification of CDQ and PSQ catch
reports. CDQ groups may specify the
sources of data listed below as the
sources they will use to determine CDQ
and PSQ catch on the CDQ catch report
by specifying ‘‘NMFS standard sources
of data’’ on their request for approval of
an eligible vessel. In the case of a
catcher vessel using nontrawl gear, the
CDQ group must specify on their
request for approval of an eligible vessel
whether the vessel will be retaining all
groundfish CDQ (Option 1) or
discarding some groundfish CDQ
species at sea (Option 2). CDQ species
may be discarded at sea by these vessels
only if the requirements of paragraph
(d)(2)(ii)(B) of this section are met.
NMFS will use the following sources to
verify the CDQ catch reports, unless an
alternative catch estimation procedure
is approved by NMFS under paragraph
(e)(3) of this section.
*
*
*
*
*
(3) Alternative methods for
verification of CDQ and PSQ catch. The
method to be used to determine CDQ
and PSQ catch for each vessel must be
listed by a CDQ group on the request for
approval of an eligible vessel. A CDQ
group may propose the use of an
alternative method, such as using only
one observer where normally two would
be required, sorting and weighing of all
catch by species on processor vessels, or
using larger sample sizes than could be
collected by one observer, by submitting
an alternative fishing plan attached to
its request for approval of an eligible
vessel. NMFS will review the alternative
fishing plan and approve it or notify the
qualified applicant in writing if the
proposed alternative does not meet the
requirements listed under paragraphs
(e)(3)(i) through (iv) of this section. The
CDQ group must provide a copy of the
approved alternative fishing plan to the
operator of the approved vessel. A copy
of the alternative fishing plan approved
by NMFS must be maintained onboard
E:\FR\FM\24MRR1.SGM
24MRR1
15015
Federal Register / Vol. 70, No. 56 / Thursday, March 24, 2005 / Rules and Regulations
the vessel at all times while it is
operating under the alternative fishing
plan. Alternative fishing plans are valid
for the remainder of the calendar year in
which they are approved. Alternatives
to the requirement for a certified scale
or an observer sampling station will not
be approved. NMFS will review the
alternative fishing plan to determine if
it meets all of the following
requirements:
(i) The alternative proposed must
provide equivalent or better estimates
than use of the NMFS standard data
source would provide and the estimates
must be independently verifiable;
(ii) Each haul or set on an observed
vessel must be able to be sampled by an
observer for species composition;
(iii) Any proposal to sort catch before
it is weighed must ensure that the
sorting and weighing process will be
monitored by an observer; and
(iv) The time required for the level 2
observer to complete sampling, data
recording, and data communication
duties must not exceed 12 hours in each
24-hour period and the level 2 observer
Paragraph(s)
must not be required to sample more
than 9 hours in each 24-hour period.
*
*
*
*
*
§§ 679.5, 679.7, 679.22, 679.32, and 679.50
[Amended]
7. In the table below, for each of the
paragraphs shown under the
‘‘Paragraph’’ column, remove the phrase
indicated under the ‘‘Remove’’ column
and replace it with the phrase indicated
under the ‘‘Add’’ column for the number
of times indicated in the ‘‘Frequency’’
column.
I
Remove
Add
Frequency
§ 679.5(n)(2)(iv) introductory text
(Option 1 in the CDP).
(Option 1 under § 679.32(d)(2)(ii)).
1
§ 679.5(n)(2)(v) introductory text
(Option 2 in the CDP).
(Option 2 under § 679.32(d)(2)(ii)).
1
§ 679.7(d)(4)
eligible vessel on an approved CDP for
eligible vessel for
1
§ 679.7(d)(6) through (10)
eligible vessel listed on an approved
CDP, use
eligible vessel, use
1
§ 679.7(d)(11)
to an eligible processor listed on an approved CDP unless
to a processor unless
1
§ 679.7(d)(21)
approved in the CDP to
approved by NMFS to
1
§ 679.7(f)(3)(ii)
aboard, except as provided under an approved CDP.
aboard, unless fishing on behalf of a
CDQ group and authorized under
§ 679.32(c).
1
§ 679.22(a)(5)(ii)
it is operating under a CDP approved by
NMFS.
it is directed fishing for pollock CDQ.
1
Newly redesignated § 679.32(d)(1)(i)
paragraph (c)(3) or (c)(4) of this section,
paragraph (d)(3) or (d)(4) of this section,
1
Newly redesignated § 679.32(d)(1)(ii)
paragraph (c)(4) of this section.
paragraph (d)(4) of this section.
1
Newly redesignated § 679.32(d)(2)(i)(A)
paragraph (c)(3) or (c)(4) of this section
paragraph (d)(3) or (d)(4) of this section
1
Newly redesignated § 679.32(d)(2)(ii)(A)
paragraph (c)(3) or (c)(4) of this section
paragraph (d)(3) or (d)(4) of this section
1
Newly redesignated § 679.32(d)(4)(iv)
for the vessel in the CDP. Each
for the vessel. Each
1
Newly redesignated § 679.32(e)(2)(i)
the vessel, delivered to a shoreside
processor listed as eligible in the CDP,
and sorted and weighed in compliance
with paragraph (c)(3) of this section.
the vessel until delivered to a processor,
and sorted and weighed in compliance
with paragraph (d)(3) of this section.
1
Newly redesignated § 679.32(e)(2)(iii)
processor listed as eligible in the CDP,
and sorted and weighed in compliance
with paragraph (c)(3) of this section.
processor, and sorted and weighed in
compliance with paragraph (d)(3) of this
section.
1
Newly redesignated § 679.32(e)(2)(iv)(A)
paragraph (c)(3) of this section
paragraph (d)(3) of this section
1
§ 679.32(f)(3)
paragraphs (b) through (d) of this section, including the retention of all
groundfish CDQ, if option 1 under
§ 679.32(c)(2)(ii) is selected in the CDP.
CDQ
paragraphs (b) through (e) of this section, including the retention of all
groundfish CDQ, if Option 1 under
§ 679.32(d)(2)(ii) is selected. CDQ
1
§ 679.50(c)(4)(ii)
unless NMFS approves a CDP authorizing
unless NMFS approves an alternative
fishing plan under § 679.32(e)(3) authorizing
1
§ 679.50(c)(4)(ii)
NMFS may approve a CDP authorizing
NMFS may approve an alternative fishing plan authorizing
1
§ 679.50(c)(4)(ii)
NMFS will not approve a CDP that
NMFS will not approve an alternative
fishing plan that
1
VerDate jul<14>2003
15:02 Mar 23, 2005
Jkt 205001
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
E:\FR\FM\24MRR1.SGM
24MRR1
15016
Federal Register / Vol. 70, No. 56 / Thursday, March 24, 2005 / Rules and Regulations
Paragraph(s)
Remove
Add
Frequency
§ 679.50(c)(4)(v)(A)
described at § 679.32(c)(2)(ii)(A)) for
described at § 679.32(d)(2)(ii)(A)) for
1
§ 679.50(c)(4)(v)(B)
described at § 679.32(c)(2)(ii)(B)) for
described at § 679.32(d)(2)(ii)(B)) for
1
§ 679.50(d)(5)(ii)(B)
described at § 679.32(c)(2)(ii)(A)) for
described at § 679.32(d)(2)(ii)(A)) for
1
§ 679.50(d)(5)(ii)(C)
described at § 679.32(c)(2)(ii)(B)) for
described at § 679.32(d)(2)(ii)(B)) for
1
[FR Doc. 05–5755 Filed 3–23–05; 8:45 am]
BILLING CODE 3510–22–S
VerDate jul<14>2003
15:02 Mar 23, 2005
Jkt 205001
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
E:\FR\FM\24MRR1.SGM
24MRR1
Agencies
[Federal Register Volume 70, Number 56 (Thursday, March 24, 2005)]
[Rules and Regulations]
[Pages 15010-15016]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5755]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 041110318-5055-02; I.D. 110504E]
RIN 0648-AS00
Fisheries of the Exclusive Economic Zone Off Alaska; Revisions to
Western Alaska Community Development Quota Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues a final rule to revise regulations governing the
Western Alaska Community Development Quota (CDQ) Program. These
regulatory amendments will simplify the processes for making quota
transfers, for authorizing vessels as eligible to participate in the
CDQ fisheries, and for obtaining approval of alternative fishing plans.
This action is necessary to improve NMFS's ability to effectively
administer the CDQ Program. It is intended to further the goals and
objectives of the Fishery Management Plan for Groundfish of the Bering
Sea and Aleutian Islands Management Area (BSAI FMP).
DATES: Effective April 25, 2005.
ADDRESSES: Copies of the Categorical Exclusion and the Regulatory
Impact Review/Initial Regulatory Flexibility Analysis (RIR/IRFA) and
the Final Regulatory Flexibility Analysis (FRFA) prepared for this
action may be obtained by mail from the Sustainable Fisheries Division,
Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori
Durall, or from the NMFS Alaska Region website at www.fakr.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228 or
obren.davis@noaa.gov.
SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive
economic zone of the Bering Sea and Aleutian Islands Area (BSAI) are
managed under the BSAI FMP. The North Pacific Fishery Management
Council (Council) prepared the BSAI FMP pursuant to the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act),
16 U.S.C. 1801, et seq. Regulations governing the BSAI FMP appear at 50
CFR part 679. General regulations governing U.S. fisheries also appear
at 50 CFR part 600.
Background and Need for Action
The existing management background and explanation of the need for
this action were described in the preamble to the proposed rule
published in the Federal Register on November 26, 2004 (69 FR 68865).
In summary, the Council recommended simplifying certain administrative
processes associated with CDQ transfers, prohibited species quota (PSQ)
transfers, and alternative fishing plans (collectively, Issue 8) as
part of its comprehensive recommendation for the eight separate issues
comprising Amendment 71 to the BSAI FMP. This action will implement the
particular changes recommended for Issue 8, as well as associated
changes to the eligible vessel approval process that NMFS has
determined are related in nature and scope to the Council's
recommendations for alternative fishing plans.
Elements of this Rule
This rule will make the following revisions to CDQ Program
regulations at 50 CFR part 679:
1. Revise Sec. 679.30(e) to allow CDQ groups to transfer
groundfish CDQ and halibut CDQ by submitting transfer requests directly
to NMFS and to remove the requirement that these transfers be made
through amendments to CDQ groups' community development plans (CDPs).
CDQ transfer requests will no longer have to be submitted to the State
of Alaska (State) for review before being submitted to NMFS.
2. Revise Sec. 679.30(e) to allow CDQ groups to transfer
prohibited species quota (PSQ) by submitting transfer requests directly
to NMFS and to remove the requirement that these transfers be made
through amendments to the CDPs. PSQ transfer requests will no longer
have to be submitted to the State for review before being submitted to
NMFS. In addition, this action will allow the transfer of PSQ during
any month of the year and allow transfers of PSQ without an associated
transfer of CDQ. The CDQ and PSQ transfer process will become an in-
season management function of NMFS.
3. Remove the requirements at Sec. 679.30(a) that fishing plan
forms and a list of eligible vessels be included in a group's CDP.
Vessel eligibility requirements are added to redesignated and revised
Sec. 679.32(c) to require that: CDQ groups request and obtain
eligibility approval from NMFS for all vessels groundfish CDQ fishing
and for vessels equal to or greater than 60 feet (18.3 meters) length
overall (LOA) that are halibut CDQ fishing before these
[[Page 15011]]
vessels participate in any CDQ fisheries; CDQ groups provide a copy of
the NMFS-approved eligible vessel request to the vessel operator;
vessel operators maintain a copy of the NMFS-approved request onboard
the vessel at all times while harvesting, transporting, or offloading
CDQ; and, CDQ groups must notify the vessel operator if the vessel is
removed from eligibility to fish for CDQ. Vessel eligibility
requirements and documentation are intended to provide a means for law
enforcement personnel to verify whether vessels claiming to be
participating in CDQ fisheries are eligible to do so, particularly if
no other non-CDQ fisheries are open at a given time.
4. Remove the requirement at Sec. 679.30(a) that a CDQ group
obtain prior approval by the State and NMFS for all processors taking
deliveries of groundfish CDQ.
5. Amend Sec. 679.32(e) to allow CDQ groups to submit alternative
fishing plans directly to NMFS rather than as amendments to a CDP. Such
plans are used by CDQ groups to propose the use of different levels of
observer coverage or different data sources for catch accounting than
those required by regulation. An alternative fishing plan will be an
attachment to an eligible vessel request. Additionally, CDQ groups will
be required to provide a copy of the NMFS-approved alternative fishing
plan to vessel operators who will be required to maintain a copy of the
NMFS-approved alternative fishing plan onboard the vessel at all times
while harvesting, transporting, or offloading CDQ.
6. Implement other minor revisions to the regulations at Sec. Sec.
679.2, 679.5, 679.7, 679.22, 679.30, 679.32, and 679.50 to update
wording, clarify definitions, and correct cross references in support
of the primary regulatory amendments in this rule. The definitions for
``CDQ group number'' and ``groundfish CDQ fishing'' are revised to
remove references to approval of eligible vessels and processors as
part of a CDP. The definition for ``CDQ representative'' is revised to
allow CDQ groups to authorize more than one staff person to sign and
submit documents to NMFS. A new definition of ``eligible vessel'' is
added to support the use of that term elsewhere in 50 CFR part 679.
7. Revise several paragraphs within Sec. Sec. 679.7, 679.30, and
679.32 to remove requirements that a CDQ group must ensure its
respective fishing and processing partners' compliance with regulations
in 50 CFR part 679, as CDQ groups are not in a position to direct,
control, or otherwise affect the operations or action of their
partners. Specific revisions include:
In Sec. 679.7, remove paragraph (d)(24) which states that
it is unlawful for a CDQ group to fail to ensure that all vessels and
processors listed as eligible on the CDQ group's approved CDP comply
with all regulations in this part while fishing for CDQ.
In Sec. 679.30(a), remove the sentence in the middle of
the paragraph that reads ``In addition, the CDQ group is responsible to
ensure that vessels and processors listed as eligible on the CDQ
group's approved CDP comply with all requirements of this part while
harvesting or processing CDQ species.''
In Sec. 679.30, remove paragraph (f)(6) which states that
the CDQ groups are responsible for ensuring compliance by the CDQ
harvesting vessels and CDQ processors of the activities listed.
In Sec. 679.32(a), revise the paragraph to include a more
general statement of applicability for the entire section. The
individual paragraphs within the section will include the specific
applicability of each topic to CDQ groups, vessel operators, and
processors.
Response to Comments
NMFS received three separate comment letters, containing a total of
six unique comments, regarding the proposed rule. The comments are
summarized and responded to below.
Comment 1: The wholesale allowance of overfishing should not be
allowed.
Response: This action modifies administrative processes associated
with the management of the CDQ Program and does not make any revisions
to the amount of fish authorized to be harvested. The program allocates
specific amounts of CDQ to eligible recipients, who in turn must
harvest such quota in compliance with strict catch monitoring and
reporting standards. Currently, no Alaska groundfish species are
considered by NMFS to be overfished.
Comment 2: Law enforcement personnel need to monitor the catch and
landing of all fish, since commercial fishermen bring in at least three
times as much as they are allowed to catch. Commercial fishermen are
lawbreakers who have been overfishing per the Pew Report and the United
Nations Report on Overfishing, which are incorporated into the comments
from this commentor.
Response: NMFS disagrees with the commentor's assertion that
groundfish fishers systematically under-report their catch. The
recordkeeping and reporting requirements in Alaska groundfish fisheries
are comprehensive, and NMFS and U.S. Coast Guard law enforcement
officers conduct numerous vessel boardings and seafood processor
inspections each year. Catch and reporting violations occur, but are
relatively infrequent. Such violations are prosecuted pursuant to the
Magnuson-Stevens Act.
Comment 3: Marine sanctuaries should be established immediately and
all vessels should be excluded from them.
Response: This action does not address the creation of marine
sanctuaries. The concept of establishing marine reserves is explored in
the draft environmental impact statement (EIS) for essential fish
habitat, dated January 2004. Further information on this draft EIS may
be found at the NMFS Alaska Region website at www.fakr.noaa.gov.
Comment 4: Regional fishery management councils do not meet the
Federal Advisory Committee Act (FACA) rules of being balanced. Such
councils are controlled by fishing profiteers, who dominate which
quotas are allowed.
Response: This action does not address issues related to the
membership of regional fishery management councils or the FACA.
Furthermore, FACA does not apply to regional fishery management
councils (16 U.S.C. 1852(i)(1)). Council members who are appointed by
the Secretary must comply with financial disclosure requirements at 50
CFR 600.235(b) and are recused from voting on any Council decision that
would have a significant and predictable effect on a financial interest
disclosed in his or her report (50 CFR 600.235(c)).
Comment 5: Marine resources are not owned exclusively by commercial
fishermen and the fish in the ocean belong to all U.S. citizens. Seals
should have some fish to eat, too.
Response: This action does not make any revisions to the amount of
fish that may be harvested. The groundfish fisheries off Alaska are
managed within a structure of science-based conservation and management
practices. NMFS limits the amount of fish that may be harvested in the
groundfish fisheries off Alaska by setting annual catch limits based on
the best scientific information available about each specific stock
under consideration. In the course of considering both catch limits and
regulatory changes, NMFS and the Council consider a broad range of
alternatives to address biological, environmental, and economic
concerns. This process also includes an examination of the potential
impacts of alternatives on marine mammals, including seals.
[[Page 15012]]
Comment 6: We support the proposed changes. The proposed revisions
will increase CDQ harvesting flexibility and decrease the
administrative burden on the State of Alaska, NMFS, and the CDQ groups.
Response: NMFS agrees that these revisions will increase CDQ
management flexibility and alleviate some portion of the management
burden associated with submitting and reviewing CDQ and PSQ transfers,
fishing plan forms, and alternative fishing plans.
Changes from the Proposed Rule
No substantive changes are made in this final rule from the
proposed rule.
Classification
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The NMFS prepared a final regulatory flexibility analysis (FRFA).
The FRFA incorporates the IRFA, a summary of the significant issues
raised by the public comments in response to the IRFA, and NMFS
responses to those comments, and a summary of the analyses completed to
support the action. A summary of the FRFA and how it addresses each of
the requirements in 5 U.S.C. 604(a)(1)-(5) follows. A copy of this FRFA
is available from NMFS (see ADDRESSES).
Need for and Objectives of the Rule
A description of the need for and objectives of this action is
contained in the preamble to the proposed rule published in the Federal
Register on November 26, 2004 (69 FR 68865), and in the preamble to
this final rule.
Summary of Significant Issues Raised in Public Comment
None of the comments received specifically addressed the IRFA or
the economic impacts of this action. Two letters of comments supporting
the action were received from two CDQ groups, both of which are small
entities under the RFA. The CDQ groups identified reduced reporting and
administrative burdens, along with additional flexibility to maximize
the harvest of target species, as the reasons for their support.
Description and Estimate of Number of Small Entities to Which the Rule
Will Apply
The entities that will be directly regulated by this action are the
6 CDQ groups that represent the 65 western Alaska communities that
currently participate in the CDQ Program, as well as the owners and
operators of vessels harvesting CDQ on behalf of the CDQ groups. The
CDQ groups include: Aleutian Pribilof Island Community Development
Association, Bristol Bay Economic Development Corporation, Central
Bering Sea Fishermen's Association, Coastal Villages Region Fund,
Norton Sound Economic Development Corporation, and Yukon Delta
Fisheries Development Association. Each of these groups is organized as
a not-for-profit entity and none is dominant in its field.
Consequently, each is a small entity under the Regulatory Flexibility
Act (RFA). Many of the 83 vessels and at least 3 of the 10 shoreside
processors participating in the groundfish CDQ fisheries are small
entities.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
All of this action's primary regulatory revisions are related to
recordkeeping and reporting requirements. These requirements apply
primarily to the CDQ groups, because these groups submit the CDQ and
PSQ transfer request forms, the request for approval of an eligible
vessel forms, and the alternative fishing plans to NMFS. The
professional skills that are necessary to prepare and submit the forms
required from a CDQ group and to provide a copy of the signed form and
alternative fishing plan, if applicable, to vessel operators include:
(1) the ability to read, write, and speak in English, (2) the ability
to use computer and communications equipment, (3) knowledge of the CDQ
group's fishing activities, including contractual arrangements with
vessel operators and processing plants, and quota balances, and (4) the
authority to sign and submit documents to NMFS on behalf of the CDQ
group. These responsibilities generally are fulfilled by a member of
the CDQ group's professional staff. The professional skills necessary
for a vessel operator to maintain a copy of the signed authorization
form and alternative fishing plan, if applicable, onboard the vessel
include: (1) the ability to read or understand verbal instructions in
English, and (2) the organizational skills necessary to receive a
document from the CDQ group, maintain it in legible condition, and
ensure it is accessible to U.S. Coast Guard or NMFS enforcement
officers upon request.
Steps Taken to Minimize Economic Impacts on Small Entities
The FRFA evaluated two alternatives: (1) the status quo, and (2)
the preferred alternative, which will modify certain administrative
processes associated with quota transfers, eligible vessels, and
alternative fishing plans. As part of the assessment of the CDQ
Program's administrative issues considered under Amendment 71 to the
BSAI FMP, the Council, NMFS, and the State evaluated current
recordkeeping and reporting requirements and identified several areas
where requirements could be reduced. This provided a basis for the
preferred alternative implemented by this action. NMFS believes that
this alternative meets the objective of the recordkeeping and reporting
requirements of the CDQ Program by appropriately balancing the
requirements for conservation and management of the groundfish CDQ
fisheries under the Magnuson-Stevens Act, with the requirements to
minimize economic burdens under both the Magnuson-Stevens Act National
Standard 7 (minimize costs and avoid unnecessary duplication) and the
Paperwork Reduction Act (minimize the economic burden of recordkeeping
and reporting requirements).
Small Entity Compliance Guide
CDQ groups will be in compliance with this rule if they follow the
revised submittal procedures for CDQ and PSQ transfers, eligible
vessels, and alternative fishing plans. This includes: submitting both
transfer requests and alternative fishing plans directly to NMFS;
discontinuing the inclusion of fishing plan forms in CDPs; requesting
approval from NMFS to designate vessels that are eligible to fish for
CDQ; supplying vessel operators with copies of the NMFS-approved
eligible vessel request form (and alternative fishing plans, if
applicable); and, notifying vessel operators if their vessel's
eligibility to fish for CDQ is removed. Vessel operators operating on
behalf of CDQ groups will be in compliance with this rule if they
maintain a legible copy of the NMFS-approved eligible vessel form (and
alternative fishing plan, if applicable) aboard vessels while
harvesting, transporting, or offloading CDQ. Copies of the final rule
are available from NMFS (see ADDRESSES) and at the following website:
www.fakr.noaa.gov.
This rule contains a collection-of-information requirement subject
to the Paperwork Reduction Act (PRA) and which has been approved by OMB
under control number 0648-0269. Public reporting burden is estimated to
average: 520 hours for a Community Development Plan; 40 hours for a
Substantial Amendment; 8 hours for a Technical Amendment; 30 minutes
for a CDQ or PSQ Transfer Request; 1 hour
[[Page 15013]]
for a Request for Approval of an Eligible Vessel; and 4 hours for an
Alternative Fishing Plan. The estimated time to respond to each
requirement includes 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) and by e-mail to David--Rostker@omb.eop.gov, or fax to 202-
395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to 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.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and reporting requirements.
Dated: March 17, 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 679 is amended as
follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for part 679 continues to read as follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et
seq.; 16 U.S.C. 1540(f); Pub. L. 105-277, Title II of Division C;
Pub. L. 106-31, Sec. 3027; and Pub. L.106-554, Sec. 209.
0
2. In Sec. 679.2, revise the definitions for ``CDQ group number,''
``CDQ representative,'' and ``Groundfish CDQ fishing'' and add the
definition for ``Eligible vessel,'' in alphabetical order, to read as
follows:
Sec. 679.2 Definitions.
* * * * *
CDQ group number means a number assigned to a CDQ group by NMFS
that must be recorded and is required in all logbooks and all reports
submitted by the CDQ group, vessels harvesting CDQ, or processors
taking deliveries of CDQ.
* * * * *
CDQ representative means any individual who is authorized by a CDQ
group to sign documents submitted to NMFS on behalf of the CDQ group.
* * * * *
Eligible vessel means, for the purposes of the CDQ Program, a
fishing vessel designated by a CDQ group to harvest part or all of its
CDQ allocation and approved by NMFS under Sec. 679.32(c).
* * * * *
Groundfish CDQ fishing means fishing by an eligible vessel that
results in the catch of any groundfish CDQ species, but that does not
meet the definition of halibut CDQ fishing.
* * * * *
0
3. In Sec. 679.5, add paragraphs (n)(3) and (n)(4) to read as follows:
Sec. 679.5 Recordkeeping and reporting (R&R).
* * * * *
(n) * * *
(3) CDQ or PSQ transfer request--(i) Who must submit a CDQ or PSQ
transfer request? A CDQ group requesting transfer of CDQ or PSQ to or
from another CDQ group must submit a completed CDQ or PSQ transfer
request to NMFS.
(ii) Information required--(A) Transferring CDQ group information.
For the group transferring CDQ, enter: the CDQ group name or initials;
the CDQ group number as defined at Sec. 679.2; and, the CDQ
representative's telephone number, fax number, printed name, and
signature.
(B) Receiving CDQ group information. For the group receiving CDQ,
enter: the CDQ group name or initials; the CDQ group number as defined
at Sec. 679.2; and, the CDQ representative's telephone number, fax
number, printed name, and signature.
(C) CDQ amount transferred--(1) Species or Species Category. For
each species for which a transfer is being requested, enter the species
name or species category.
(2) Area. Enter the management area associated with a species
category, if applicable.
(3) Amount transferred. Specify the amount being transferred. For
groundfish, specify transfer amounts to the nearest 0.001 mt. For
halibut CDQ, specify the amount in pounds (net weight).
(D) PSQ amount transferred--(1) Species or Species Category. For
each species for which a transfer is being requested, enter the species
name or species category.
(2) Crab zone. For crab only, designate the appropriate zone for
each PSQ being transferred, if applicable.
(3) Amount transferred. Specify the amount being transferred. For
crab and salmon, specify transfer amounts in numbers of animals. For
halibut, specify the amount to the nearest 0.001 mt.
(4) Request for approval of an eligible vessel--(i) Who must submit
a request for approval of an eligible vessel? A CDQ group must submit a
completed request for approval of an eligible vessel to NMFS for each
vessel that will be groundfish CDQ fishing and for each vessel equal to
or greater than 60 ft (18.3 m) LOA that will be halibut CDQ fishing.
See Sec. 679.32(c) for more information about this requirement.
(ii) Information required--(A) Vessel information. Enter the vessel
name, Federal fisheries permit number, if applicable, ADF&G vessel
registration number, and LOA. Indicate all the gear types that will be
used to catch CDQ.
(B) Vessel contact information. Enter the name, mailing address,
telephone number, and e-mail address (if available) of a contact person
representing the vessel.
(C) Method to determine CDQ and PSQ catch. Select the method that
will be used to determine CDQ and PSQ catch, either NMFS standard
sources of data or an alternative method. If the selection is ``NMFS
standard sources of data,'' select either ``all trawl vessels greater
than or equal to 60 ft (18.3 m) LOA using non-trawl gear'' or ``catcher
vessels greater than or equal to 60 ft (18.3 m) LOA using non-trawl
gear.'' If the selection is ``catcher vessels greater than or equal to
60 ft (18.3 m) LOA using non-trawl gear,'' select either Option 1 or
Option 2, described at Sec. 679.32(e)(2)(iv). If an alternative method
(fishing plan) is proposed, it must be attached to the request for
approval of an eligible vessel.
(D) Notice of submission and review. Enter the name, telephone
number, and fax number of the CDQ representative; the date submitted to
NMFS; and signature of the CDQ representative.
* * * * *
Sec. 679.7 [Amended]
0
4. In Sec. 679.7, remove paragraph (d)(24) and redesignate paragraph
(d)(25) as (d)(24).
0
5. In Sec. 679.30, remove paragraphs (f)(6), and (g)(4)(iv)(H);
redesignate paragraph (f)(7) as (f)(6); and revise paragraph (a)
introductory text, paragraphs (a)(5), (e), (g)(4)(ii), and
(g)(4)(iv)(G) to read as follows:
Sec. 679.30 General CDQ regulations.
(a) Application procedure. The CDQ program is a voluntary program.
Allocations of CDQ and PSQ are made to CDQ groups and not to vessels or
processors fishing under contract with any CDQ group. Any vessel or
processor harvesting or processing CDQ or PSQ on behalf of a CDQ group
must comply
[[Page 15014]]
with all other requirements of this part. Allocations of CDQ and PSQ
are harvest privileges that expire upon the expiration of the CDP. When
a CDP expires, further CDQ allocations are not implied or guaranteed,
and a qualified applicant must re-apply for further allocations on a
competitive basis with other qualified applicants. The CDQ allocations
provide the means for CDQ groups to complete their CDQ projects. A
qualified applicant may apply for CDQ and PSQ allocations by submitting
a proposed CDP to the State during the CDQ application period that is
announced by the State. A proposed CDP must include the following
information:
* * * * *
(5) Harvesting plans. A narrative description of how the CDQ group
intends to harvest and process its CDQ allocations, including a
description of the target fisheries, the types of vessels and
processors that will be used, the locations and methods of processing,
and the CDQ group's proposed partners.
* * * * *
(e) Transfers--(1) Transfer of annual CDQ and PSQ. CDQ groups may
request that NMFS transfer CDQ or PSQ from one group to another group
by each group submitting a completed transfer request as described in
Sec. 679.5(n)(3). NMFS will approve the transfer request if the CDQ
group transferring quota to another CDQ group has sufficient quota
available for transfer. If NMFS approves the request, NMFS will make
the requested transfer(s) by decreasing the account balance of the CDQ
group from which the CDQ or PSQ species is transferred and by
increasing the account balance of the CDQ group receiving the
transferred CDQ or PSQ species. NMFS will not approve transfers to
cover overages of CDQ or PSQ. The CDQ or PSQ will be transferred as of
the date NMFS approves the transfer request and is effective only for
the remainder of the calendar year in which the transfer occurs.
(2) Transfer of CDQ and PSQ allocation. CDQ groups may request that
some or all of one group's CDQ or PSQ allocation, as defined at Sec.
679.2, be transferred by NMFS to another group by each group filing an
amendment to its respective CDP through the CDP substantial amendment
process set forth at paragraph (g)(4) of this section. The CDQ or PSQ
allocation will be transferred as of January 1 of the calendar year
following the calendar year NMFS approves the amendments of both groups
and is effective for the duration of the CDPs. Transfers of CDQ and PSQ
allocations must be in whole integer percentages.
* * * * *
(g) * * *
(4) * * *
(ii) NMFS will notify the State in writing of the approval or
disapproval of the amendment within 30 days of receipt of both the
amendment and the State's recommendation. Once a substantial amendment
is approved by NMFS, the amendment will be effective for the duration
of the CDP.
* * * * *
(iv) * * *
(G) Any transfer of a CDQ allocation or a PSQ allocation.
* * * * *
0
6. In Sec. 679.32, redesignate paragraph (d) as (e), and paragraph (c)
as (d); revise paragraphs (a) and newly redesignated paragraph (e)(2)
introductory text; and add new paragraphs (c) and (e)(3) to read as
follows:
Sec. 679.32 Groundfish and halibut CDQ catch monitoring.
(a) Applicability. This section contains requirements for CDQ
groups, operators of vessels, and managers of processors that harvest
and/or process groundfish CDQ, including vessels equal to or greater
than 60 ft (18.3 m) LOA that are halibut CDQ fishing.
* * * * *
(c) Vessels eligible for groundfish and halibut CDQ fisheries. The
following information must be provided by the CDQ group for all vessels
that are groundfish CDQ fishing and all vessels equal to or greater
than 60 ft (18.3 m) LOA that are halibut CDQ fishing.
(1) Request for approval of an eligible vessel. Prior to a vessel
participating in the CDQ fishery, a CDQ group must submit to NMFS a
completed request for approval of an eligible vessel as described at
Sec. 679.5(n)(4). NMFS will approve all vessels for which a completed
request is submitted. Once approved, a vessel will remain eligible
until December 31 of the last year in the current CDQ allocation cycle
under Sec. 679.30(d), or until the CDQ group removes the vessel from
eligibility under paragraph (c)(2) of this section. A list of eligible
vessels for each CDQ group will be publicly available from the Alaska
Regional Office or on the NMFS website at https://www.fakr.noaa.gov. The
CDQ group must provide a copy of the NMFS-approved eligible vessel
request to the operator of the approved vessel. The vessel operator
must maintain a copy of the eligible vessel request approved by NMFS
onboard the vessel at all times while harvesting, transporting, or
offloading CDQ.
(2) Removing a vessel from eligibility. A CDQ group may remove a
vessel from eligibility to harvest CDQ on its behalf by advising NMFS
by letter of the removal. Removal of a vessel from eligibility to
harvest CDQ will be effective on the date that NMFS approves the
request and notifies the CDQ group of NMFS's approval. Upon receipt of
notification of NMFS's approval, the CDQ group must notify the operator
of the vessel of the vessel's removal from eligibility to harvest CDQ
on behalf of the CDQ group.
* * * * *
(e) * * *
(2) Verification of CDQ and PSQ catch reports. CDQ groups may
specify the sources of data listed below as the sources they will use
to determine CDQ and PSQ catch on the CDQ catch report by specifying
``NMFS standard sources of data'' on their request for approval of an
eligible vessel. In the case of a catcher vessel using nontrawl gear,
the CDQ group must specify on their request for approval of an eligible
vessel whether the vessel will be retaining all groundfish CDQ (Option
1) or discarding some groundfish CDQ species at sea (Option 2). CDQ
species may be discarded at sea by these vessels only if the
requirements of paragraph (d)(2)(ii)(B) of this section are met. NMFS
will use the following sources to verify the CDQ catch reports, unless
an alternative catch estimation procedure is approved by NMFS under
paragraph (e)(3) of this section.
* * * * *
(3) Alternative methods for verification of CDQ and PSQ catch. The
method to be used to determine CDQ and PSQ catch for each vessel must
be listed by a CDQ group on the request for approval of an eligible
vessel. A CDQ group may propose the use of an alternative method, such
as using only one observer where normally two would be required,
sorting and weighing of all catch by species on processor vessels, or
using larger sample sizes than could be collected by one observer, by
submitting an alternative fishing plan attached to its request for
approval of an eligible vessel. NMFS will review the alternative
fishing plan and approve it or notify the qualified applicant in
writing if the proposed alternative does not meet the requirements
listed under paragraphs (e)(3)(i) through (iv) of this section. The CDQ
group must provide a copy of the approved alternative fishing plan to
the operator of the approved vessel. A copy of the alternative fishing
plan approved by NMFS must be maintained onboard
[[Page 15015]]
the vessel at all times while it is operating under the alternative
fishing plan. Alternative fishing plans are valid for the remainder of
the calendar year in which they are approved. Alternatives to the
requirement for a certified scale or an observer sampling station will
not be approved. NMFS will review the alternative fishing plan to
determine if it meets all of the following requirements:
(i) The alternative proposed must provide equivalent or better
estimates than use of the NMFS standard data source would provide and
the estimates must be independently verifiable;
(ii) Each haul or set on an observed vessel must be able to be
sampled by an observer for species composition;
(iii) Any proposal to sort catch before it is weighed must ensure
that the sorting and weighing process will be monitored by an observer;
and
(iv) The time required for the level 2 observer to complete
sampling, data recording, and data communication duties must not exceed
12 hours in each 24-hour period and the level 2 observer must not be
required to sample more than 9 hours in each 24-hour period.
* * * * *
Sec. Sec. 679.5, 679.7, 679.22, 679.32, and 679.50 [Amended]
0
7. In the table below, for each of the paragraphs shown under the
``Paragraph'' column, remove the phrase indicated under the ``Remove''
column and replace it with the phrase indicated under the ``Add''
column for the number of times indicated in the ``Frequency'' column.
------------------------------------------------------------------------
Paragraph(s) Remove Add Frequency
------------------------------------------------------------------------
Sec. (Option 1 in the (Option 1 under 1
679.5(n)(2)(iv) CDP). Sec.
introductory text 679.32(d)(2)(ii)).
------------------------------------------------------------------------
Sec. (Option 2 in the (Option 2 under 1
679.5(n)(2)(v) CDP). Sec.
introductory text 679.32(d)(2)(ii)).
------------------------------------------------------------------------
Sec. 679.7(d)(4) eligible vessel on eligible vessel for 1
an approved CDP
for
------------------------------------------------------------------------
Sec. 679.7(d)(6) eligible vessel eligible vessel, 1
through (10) listed on an use
approved CDP, use
------------------------------------------------------------------------
Sec. 679.7(d)(11) to an eligible to a processor 1
processor listed unless
on an approved CDP
unless
------------------------------------------------------------------------
Sec. 679.7(d)(21) approved in the CDP approved by NMFS to 1
to
------------------------------------------------------------------------
Sec. aboard, except as aboard, unless 1
679.7(f)(3)(ii) provided under an fishing on behalf
approved CDP. of a CDQ group and
authorized under
Sec. 679.32(c).
------------------------------------------------------------------------
Sec. it is operating it is directed 1
679.22(a)(5)(ii) under a CDP fishing for
approved by NMFS. pollock CDQ.
------------------------------------------------------------------------
Newly redesignated paragraph (c)(3) or paragraph (d)(3) or 1
Sec. (c)(4) of this (d)(4) of this
679.32(d)(1)(i) section, section,
------------------------------------------------------------------------
Newly redesignated paragraph (c)(4) of paragraph (d)(4) of 1
Sec. this section. this section.
679.32(d)(1)(ii)
------------------------------------------------------------------------
Newly redesignated paragraph (c)(3) or paragraph (d)(3) or 1
Sec. (c)(4) of this (d)(4) of this
679.32(d)(2)(i)(A) section section
------------------------------------------------------------------------
Newly redesignated paragraph (c)(3) or paragraph (d)(3) or 1
Sec. (c)(4) of this (d)(4) of this
679.32(d)(2)(ii)(A section section
)
------------------------------------------------------------------------
Newly redesignated for the vessel in for the vessel. 1
Sec. the CDP. Each Each
679.32(d)(4)(iv)
------------------------------------------------------------------------
Newly redesignated the vessel, the vessel until 1
Sec. delivered to a delivered to a
679.32(e)(2)(i) shoreside processor, and
processor listed sorted and weighed
as eligible in the in compliance with
CDP, and sorted paragraph (d)(3)
and weighed in of this section.
compliance with
paragraph (c)(3)
of this section.
------------------------------------------------------------------------
Newly redesignated processor listed as processor, and 1
Sec. eligible in the sorted and weighed
679.32(e)(2)(iii) CDP, and sorted in compliance with
and weighed in paragraph (d)(3)
compliance with of this section.
paragraph (c)(3)
of this section.
------------------------------------------------------------------------
Newly redesignated paragraph (c)(3) of paragraph (d)(3) of 1
Sec. this section this section
679.32(e)(2)(iv)(A
)
------------------------------------------------------------------------
Sec. 679.32(f)(3) paragraphs (b) paragraphs (b) 1
through (d) of through (e) of
this section, this section,
including the including the
retention of all retention of all
groundfish CDQ, if groundfish CDQ, if
option 1 under Option 1 under
Sec. Sec.
679.32(c)(2)(ii) 679.32(d)(2)(ii)
is selected in the is selected. CDQ
CDP. CDQ
------------------------------------------------------------------------
Sec. unless NMFS unless NMFS 1
679.50(c)(4)(ii) approves a CDP approves an
authorizing alternative
fishing plan under
Sec.
679.32(e)(3)
authorizing
------------------------------------------------------------------------
Sec. NMFS may approve a NMFS may approve an 1
679.50(c)(4)(ii) CDP authorizing alternative
fishing plan
authorizing
------------------------------------------------------------------------
Sec. NMFS will not NMFS will not 1
679.50(c)(4)(ii) approve a CDP that approve an
alternative
fishing plan that
------------------------------------------------------------------------
[[Page 15016]]
Sec. described at Sec. described at Sec. 1
679.50(c)(4)(v)(A) 679.32(c)(2)(ii)(A 679.32(d)(2)(ii)(A
)) for )) for
------------------------------------------------------------------------
Sec. described at Sec. described at Sec. 1
679.50(c)(4)(v)(B) 679.32(c)(2)(ii)(B 679.32(d)(2)(ii)(B
)) for )) for
------------------------------------------------------------------------
Sec. described at Sec. described at Sec. 1
679.50(d)(5)(ii)(B 679.32(c)(2)(ii)(A 679.32(d)(2)(ii)(A
) )) for )) for
------------------------------------------------------------------------
Sec. described at Sec. described at Sec. 1
679.50(d)(5)(ii)(C 679.32(c)(2)(ii)(B 679.32(d)(2)(ii)(B
) )) for )) for
------------------------------------------------------------------------
[FR Doc. 05-5755 Filed 3-23-05; 8:45 am]
BILLING CODE 3510-22-S