Pacific Halibut Fisheries; Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Community Development Quota Program, 23829-23833 [05-9003]
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Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Proposed Rules
Subpart 232.4—Advance Payments for
Non-Commercial Items
232.404
[Amended]
9. Section 232.404 is amended in
paragraph (a)(9) by removing ‘‘$500’’
and adding in its place ‘‘$2,500.’’
10. Section 232.409–1 is revised to
read as follows:
§ 232.409–1
approval.
Recommendation for
§ 232.410 Findings, determination, and
authorization.
If an advance payment procedure is
used without a special bank account,
follow the procedures at PGI 232.410.
12. Section 232.501–2 is revised to
read as follows:
Unusual progress payments.
Follow the procedures at PGI
232.501–2 for approval of unusual
progress payments.
13. Section 232.501–3 is amended by
revising paragraph (b) introductory text
to read as follows:
232.501–3
Contract price.
(b) The contracting officer may
approve progress payments when the
contract price exceeds the funds
obligated under the contract, provided
the contract limits the Government’s
liability to the lesser of—
*
*
*
*
*
232.503–15
[Amended]
14. Section 232.503–15 is amended in
paragraph (d) introductory text, in the
first sentence, by removing ‘‘252.242–
7004(f)(7)’’ and adding in its place
‘‘252.242–7004(e)(7)’.
232.605
[Amended]
15. Section 232.605 is amended in
paragraph (b) by removing the second
sentence.
16. Section 232.606 is revised to read
as follows:
232.606
Debt determination and collection.
When transferring a case to the
contract financing office, follow the
procedures at PGI 232.606.
17. Section 232.610 is revised to read
as follows:
232.610
debt.
Demand for payment of contract
When issuing a demand for payment
of a contract debt, follow the procedures
at PGI 232.610.
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[Amended]
18. Section 232.616 is amended by
removing ‘‘(232.108(1))’’ and adding in
its place ‘‘(see 232.070(c))’.
19. Section 232.617 is revised to read
as follows:
232.617
Follow the procedures at PGI
232.409–1 for preparation of the
documents required by FAR 32.409–1(e)
and (f).
11. Section 232.410 is revised to read
as follows:
§ 232.501–2
232.616
Contract clause.
(a) The Director of Defense
Procurement and Acquisition Policy,
Office of the Under Secretary of Defense
(Acquisition, Technology, and
Logistics), may exempt the contracts in
FAR 32.617(a)(2) through (5) and other
contracts, in exceptional circumstances,
from the administrative interest charges
required by this subpart.
(7) Other exceptions are—
(A) Contracts for instructions of
military or ROTC personnel at civilian
schools, colleges, and universities;
(B) Basic agreements with telephone
companies for communications services
and facilities, and purchases under such
agreements; and
(C) Transportation contracts with
common carriers for common carrier
services.
20. Section 232.670 is revised to read
as follows:
232.670 Transfer of responsibility for debt
collection.
Follow the procedures at PGI 232.670
for transferring responsibility for debt
collection.
21. Section 232.671 is revised to read
as follows:
232.671
Bankruptcy reporting.
Follow the procedures at PGI 232.671
for bankruptcy reporting.
22. Section 232.903 is revised to read
as follows:
232.903
Government offices responsible for
acceptance or approval and for
payment. Reasons for specifying a
longer period include but are not
limited to: the nature of the work or
supplies or services, inspection or
testing requirements, shipping and
acceptance terms, and resources
available at the acceptance activity. A
constructive acceptance period of less
than the cited 7 or 14 days is not
authorized.
232.905
[Removed]
24. Section 232.905 is removed.
25. Section 232.906 is revised to read
as follows:
232.906
Making payments.
(a)(i) Generally, the contracting officer
shall insert the standard due date of 14
days for interim payments on costreimbursement contracts for services in
the clause at FAR 52.232–25, Prompt
Payment, when using the clause with its
Alternate I.
(ii) The restrictions of FAR 32.906
prohibiting early payment do not apply
to invoice payments made to small
disadvantaged business concerns.
Contractors shall not, however, be
entitled to interest penalties if invoice
payments are not made before the
normal payment due dates established
in the contract.
232.1007 and 232.1108
[Removed]
26. Sections 232.1007 and 232.1108
are removed.
[FR Doc. 05–9004 Filed 5–4–05; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF COMMERCE
Responsibilities.
DoD policy is to assist small
disadvantaged business concerns by
paying them as quickly as possible after
invoices are received and before normal
payment due dates established in the
contract (see 232.906(a)).
23. Section 232.904 is added to read
as follows:
National Oceanic and Atmospheric
Administration
232.904
Pacific Halibut Fisheries; Fisheries of
the Exclusive Economic Zone Off
Alaska; Individual Fishing Quota
Program; Community Development
Quota Program
Determining payment due dates.
(d) In most cases, Government
acceptance or approval can occur within
the seven day constructive acceptance
period specified in the FAR Prompt
Payment clauses. Government payment
of construction progress payments can,
in most cases, be made within the 14
day period allowed by the Prompt
Payment for Construction Contracts
clause. While the contracting officer
may specify a longer period because the
period specified in the contract is not
reasonable or practical, such change
should be coordinated with the
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50 CFR Part 679
[Docket No. 050421110–5110–01; I.D.
041505F]
RIN 0648–AT03
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS proposes an
amendment to the Pacific halibut
regulations for waters in and off Alaska.
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Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Proposed Rules
This proposed action modifies the
Individual Fishing Quota (IFQ) Program
and the Western Alaska Community
Development Quota (CDQ) Program by
allowing quota share holders in
International Pacific Halibut
Commission (IPHC) Regulatory Area
(Area) 4C to fish their Area 4C IFQ in
Area 4D. This proposed action is
intended to enhance harvesting
opportunities for halibut by IFQ and
CDQ fishermen and is necessary to
promote the objectives of the Northern
Pacific Halibut Act of 1982 (Halibut Act)
with respect to the IFQ and CDQ Pacific
halibut fisheries, consistent with the
regulations and resource management
objectives of the IPHC.
DATES: Written comments must be
received no later than June 6, 2005.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Lori Durall. Comments may be
submitted by:
• Mail: P.O. Box 21668, Juneau, AK
99802.
• Hand Delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
• Fax: 907–586–7557.
• E-mail: 4cd–0648–AT03@noaa.gov.
Include in the subject line of the e-mail
the following document identifier: IFQ
Halibut 4CD RIN 0648–AT03. E-mail
comments, with or without attachments,
are limited to 5 megabytes.
• Webform at the Federal eRulemaking
Portal: www.regulations.gov Follow the
instructions at that site for submitting
comments.
Copies of the environmental
assessment (EA), regulatory impact
review (RIR), and initial regulatory
flexibility analysis (IRFA) prepared for
this action are available from NMFS at
the above address or by calling the
Sustainable Fisheries Division, Alaska
Region, NMFS, at 907–586–7228.
FOR FURTHER INFORMATION CONTACT:
Bubba Cook, 907–586–7425 or
bubba.cook@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background and Need for Action
Management of the Pacific halibut
(Hippoglossus stenolepis) (halibut)
fishery in and off Alaska is based on an
international agreement between
Canada and the United States. This
agreement, titled the ‘‘Convention
Between the United States of America
and Canada for the Preservation of the
Halibut Fishery of the Northern Pacific
Ocean and Bering Sea’’ (Convention),
was signed at Ottawa, Canada on March
2, 1953, and was amended by the
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‘‘Protocol Amending the Convention,’’
signed at Washington, D.C., March 29,
1979. The Convention is implemented
in the United States by the Halibut Act.
Generally, the IPHC develops halibut
fishery management regulations
pursuant to the Convention and submits
those regulations to the U.S. Secretary of
State for approval. NMFS publishes
approved IPHC regulations in the
Federal Register as annual management
measures. NMFS published the IPHC’s
current annual management measures
on February 25, 2005 (70 FR 9242).
The Halibut Act also authorizes the
North Pacific Fishery Management
Council (Council) to develop halibut
fishery regulations in and off Alaska
that are in addition to, but not in
conflict with, the approved IPHC
regulations (Halibut Act, section 773(c)).
Regulations developed by the Council
will be implemented only upon
approval of the U.S. Secretary of
Commerce (Secretary).
The IFQ and CDQ Fisheries
In December 1991, the Council
adopted a limited access system for
managing the halibut fishery in and off
Alaska under authority of the Halibut
Act. This limited access system
included an IFQ Program for Areas 2C
through 4D, and the CDQ program for
Areas 4B through 4E. The Council
designed the IFQ and CDQ Programs to
allocate specific harvesting privileges
among U.S. fishermen and eligible
western Alaska communities to resolve
management and conservation problems
associated with ‘‘open access’’ fishery
management, and to promote the
development of fishery-based economic
opportunities in western Alaska. Acting
on behalf of the Secretary, NMFS
initially implemented the IFQ and CDQ
programs through regulations published
in the Federal Register on November 9,
1993 (58 FR 59375). Fishing for halibut
under these two programs began on
March 15, 1995.
Each quota share (QS) represents a
transferable harvest privilege, within
specified limitations, which is
converted annually into IFQ. Fishermen
granted IFQs are authorized to harvest a
specified amount of halibut in the Areas
specified on an IFQ permit issued to the
fishermen.
NMFS and the State of Alaska jointly
manage the CDQ Program based on a
program design developed by the
Council. Currently, 65 communities are
eligible to participate in the CDQ
Program, representing about 27,000
western Alaska residents. These
communities are located within 50
nautical miles of the Bering Sea coast or
on an island in the Bering Sea and are
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predominantly populated by Alaska
Natives. The eligible communities
formed six non-profit corporations
known as CDQ groups to manage and
administer allocations, investments, and
economic development projects.
Catch Sharing Plan (CSP) for Area 4
The CSP for Area 4 originally was
developed by the Council to apportion
the IPHC’s halibut catch limit for Area
4 among Areas 4A, 4B, 4C, 4D, and 4E
as necessary to carry out the
socioeconomic objectives of the IFQ and
CDQ programs. The Area 4 CSP was
published in the Federal Register on
March 20, 1996 (61 FR 11337) and
implemented that same year.
NMFS subsequently modified the
Area 4 CSP to remove Areas 4A and 4B
from the CSP in 1998, to allow the catch
limits for these two areas and a
combined Area 4C-E to be set according
to the IPHC’s revised area specific
biomass-based methodology. The IPHC
considers Area 4A, Area 4B, and the
combined Area 4C-E to have separate
halibut populations for purposes of
management. A complete description of
the proposed revisions to the Area 4
CSP, catch limit apportionments, and
geographical description of each subarea
was published in the Federal Register
on January 12, 1998 (63 FR 1812). These
modifications were approved March 17,
1998 (63 FR 13000). Beginning in 1998,
the IPHC has annually implemented the
measures specified in the Area 4 CSP to
apportion the combined Area 4C-E catch
limit independently among Areas 4C,
4D, and 4E. The annual management
measures addressing the Area 4C-E
catch limit in 2005 were published on
February 25, 2005 (70 FR 9242).
The IPHC assesses the halibut
resource in Areas 4C-E as a single stock
unit. The IPHC continues to use surveybased estimates scaled to adjoining
areas for the combined Area 4C-E
because the information needed for an
analytical assessment is not available. In
the past, the IPHC scaled the combined
area to Area 3A because it represented
the nearest area with an analytical
estimate. Since the development of an
analytical estimate for Area 4A in 2003,
the IPHC now estimates the Area 4C-E
biomass as 142 percent of the Area 4A
biomass. The combined area quota is
subsequently broken out by subarea
according to the CSP.
Since its implementation in 1998, the
CSP has been applied to the annual
combined Area 4C-E catch limit
established by the IPHC. A direct
allocation of 80,000 lb (36.3 mt) is made
to Area 4E in the revised CSP when the
Area 4C-E catch limit is greater than
1,657,600 lb (751.9 mt). The purpose is
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to provide CDQ fishermen in Area 4E
with additional harvesting opportunity.
The entire Area 4E catch limit is
assigned to the CDQ reserve and
subsequently allocated to qualifying
CDQ groups. The remainder of the
combined catch limit is allocated as
46.43 percent to Area 4C, 46.43 percent
to Area 4D, and 7.14 percent to Area 4E.
Previous Revision of the CSP
In 1999, four CDQ groups with CDQ
halibut fishing authority in Area 4D
requested a regulatory change to allow
CDQ halibut allocated to them in Area
4D to be harvested in Area 4E. The
Council subsequently recommended a
CSP change authorizing halibut CDQ
issued in Area 4D to be harvested in
Area 4E. In January 2002, the IPHC
concurred in the Council’s
recommendation because it considers
the halibut in Areas 4C, 4D, and 4E to
be a single stock unit for management
purposes. The Council based its
recommendation on the fact that most of
the communities in CDQ groups with
only Area 4D halibut CDQ had to travel
extended distances offshore to harvest
Area 4D halibut CDQ or the quota had
to be harvested by large, non-local
vessels. In 2003, the CSP and the
regulations were amended by the
Secretary to allow only Area 4D QS
holders to harvest their CDQ in Area 4E
(68 FR 9902, March 3, 2003).
The Proposed Revision of the CSP
Halibut IFQ and CDQ fishermen in
Area 4C have experienced a steady drop
in catch rates since 1985. The drop is
consistent among gear types and
amounts to a decline in catch rates of
greater than 70 percent over the past ten
years. The reduced catch rates have
consequently reduced the total harvest
of halibut by IFQ and CDQ fishermen in
Area 4C. During the 2003 fishing season,
Area 4C fishermen landed just 42
percent of the total Area 4C IFQ halibut
allocation compared to a statewide
average of 97 percent for all Areas. Only
45 percent of the Area 4C CDQ halibut
allocation was landed by 4C fishermen
during the 2003 fishing season
compared to an average of 94 percent in
other CDQ areas. The declines in catch
rates and consequent poor harvests have
generated considerable concern among
Area 4C community residents who
depend heavily on the halibut resource
to support their local economies.
Recent research conducted by the
IPHC indicates localized depletion in
Area 4C. Localized depletion results
from concentrated fishing effort in a
limited area that exceeds the sustainable
level for fishing in that area. Although
effort and catches of halibut have
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increased in Area 4C over the last 10
years, catch per unit effort (CPUE) has
declined steadily since commercial
fishing began. Catches increased
because fishing effort increased,
offsetting the decline in CPUE. IPHC
research shows that a comparison of
CPUE with effort indicates a continuous
pattern of increasing effort and
decreasing CPUE. The IPHC suggests
that increased effort in Area 4C is
unlikely to produce increased catch.
The commercial catch taken in Area
4C is highly concentrated around the
two Pribilof Islands of St. Paul and St.
George. For commercial catches
between 1993 and 2004, with known
latitude/longitude locations,
approximately 73 percent of the Area 4C
catch was taken within 18 nautical
miles of St. Paul Island and 25 percent
within 18 nautical miles of St. George
Island. More importantly, much of the
directed effort for the halibut fishery
during the 1993–2004 time period
occurred in relatively small areas south
of the Pribilof Islands and were
concentrated in the southwest corner of
Area 4C. The IPHC notes that 46.43
percent of the entire Area 4C-E catch
limit is allotted for only 5.1 percent of
the total Area 4C-E fishing grounds
located in Area 4C. The available fishing
grounds in Area 4C consists of only 561
square nautical miles out of a total of
11,076 square nautical miles comprising
Area 4C. The limited fishing grounds in
Area 4C results in a concentrated fishing
effort in a relatively small fishing area.
The IPHC also notes that incidental
catch of halibut in other fisheries has
reduced recruitment and immigration
into Area 4C, further exacerbating the
localized depletion. The diminished
harvests, limited fishing grounds, and
reduced recruitment and immigration
suggests a decrease in halibut
abundance over time in Area 4C which
results in a decreased CPUE. The IPHC
recommends a reduction in effort in
Area 4C to observe how the halibut
biomass responds and further determine
the productivity of stock.
Current regulations at 50 CFR
679.42(a)(1) prohibit harvesting halibut
IFQ or CDQ in a regulatory area other
than the area for which the quota is
allocated. Halibut IFQ and CDQ
allocated in a particular area may be
harvested only in that same area, in
accordance with biomass-based quotas,
except that halibut CDQ allocated for
Area 4D may be harvested in Area 4E.
One solution for reducing fishing effort
in Area 4C while continuing to allow
Area 4C fishermen to fully harvest their
IFQ or CDQ is to redistribute fishing
effort from Area 4C to Area 4D.
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The CSP assigns 46.43 percent of the
combined 4C-E catch to Area 4D, which
is an amount equal to that allocated to
Area 4C. However, for the same
percentage, Area 4D has approximately
ten times more fishing grounds at 5,605
square nautical miles than Area 4C at
561 square nautical miles. Fishermen in
Area 4D have harvested an average of 92
percent of the IFQ allocation for Area
4D over the past ten years, achieving
100 percent during 2003 and 2004.
Fishermen also harvested an average of
89 percent of the Area 4D CDQ
allocation over the past ten years,
achieving 80 and 84 percent during
2003 and 2004, respectively. On
average, Area 4D conducted only 32
percent of the IFQ landings that Area 4C
conducted over the past ten years
inferring that less effort was required to
achieve the full harvest of the 4D IFQ
halibut allocation. Likewise, CDQ
landings of halibut from Area 4D were
only 19 percent of those from Area 4C
over the past ten years inferring that less
effort was required to achieve the full
harvest of the 4D CDQ harvest.
Therefore, less effort was required to
harvest the Area 4D IFQ and CDQ
halibut allocation in Area 4D, indicating
a higher CPUE in Area 4D.
Allowing Area 4C IFQ and CDQ
holders to harvest their IFQ and CDQ in
Area 4D would provide several benefits
to Area 4C IFQ and CDQ holders
including: (1) reducing fishing effort
within Area 4C, thereby alleviating
localized depletion; (2) increasing
human health and safety in the small
boat fleet that harvests halibut near St.
Paul and St. George Islands by reducing
competition with larger vessels that may
harvest their IFQ in either Area 4C or
4D; and (3) increasing the geographic
area available for harvesting Area 4C
quota, thereby spreading out the fishing
fleet. Furthermore, despite a potential
increase in fishing effort in Area 4D
resulting from the proposed action, the
IPHC notes that the ratio of halibut
harvest to available fishing grounds
would remain much lower in Area 4D
than in Area 4C. Therefore, the
likelihood that the localized depletion
problem in Area 4C would simply be
transposed to Area 4D would remain
low.
In December 2004, the Council
recommended a regulatory amendment
that would allow an Area 4C QS holder
to harvest his or her IFQ and CDQ in
Area 4D. The Council made its
recommendation based on the
diminishing harvests and the resulting
decline of economic conditions in the
Area 4C communities. In January 2005,
the IPHC approved a regulatory change
to the halibut annual management
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measures that would allow the
Council’s recommendation to take effect
in 2005 if it is approved by the
Secretary.
This action proposes to change the
Area 4 CSP and the IFQ and CDQ
regulations to incorporate the Council’s
recommendation that Area 4C halibut
IFQ or CDQ may be harvested either in
Area 4C or in Area 4D. No changes are
proposed, however, to the existing Area
4 CSP that apportions the combined
Area 4C-E annual catch limit among
Areas 4C, 4D, and 4E. The authority to
allocate the annual Area 4 catch limit
according to the Area 4 CSP is specified
at 50 CFR 300.65(b) and will continue
to be implemented by the IPHC in its
annual management measures pursuant
to 50 CFR 300.62. The following
paragraph would be added to the Area
4 CSP:
An IFQ or CDQ holder with an allocation
of Area 4C halibut IFQ and CDQ may harvest
all or part of that allocation in Area 4D. This
provision is based on the Council’s
recommendation in December 2004, to allow
IFQ and CDQ fishermen in Area 4C
additional halibut IFQ and CDQ harvesting
opportunities. The framework that allocates
the IPHC catch limits among Areas 4C, 4D,
and 4E remains unchanged.
This change in the Area 4 CSP will
complement regulatory changes at
§ 679.7(f)(4) and § 679.42(a)(1). If
approved and implemented as
proposed, fishermen who possess Area
4C IFQ or CDQ would receive a
statement in accordance with
§ 679.40(c)(3) that would specify the
maximum amount of Area 4C halibut
that may be harvested in Area 4C or 4D.
In the first year of implementation,
however, this statement will be issued
before the effective date of the proposed
regulatory change and, therefore, would
not include a reference to Area 4D.
Therefore, proposed paragraph
679.42(a)(1)(i) would authorize harvest
of Area 4C IFQ and CDQ in Area 4D
during the 2005 fishing year. In
subsequent years, however, the
proposed change to the CSP, the
proposed minor regulatory changes, and
the permit statement would allow Area
4C QS holders to harvest their IFQ and
CDQ in Area 4D.
This proposed rule would make a
minor change to § 679.7(f)(4) which
prohibits retaining IFQ halibut on a
vessel in excess of the total amount of
unharvested IFQ applicable to the IFQ
regulatory area in which the vessel is
deploying gear and that is
simultaneously held by all IFQ holders
on board. The total amount of IFQ or
CDQ available to individual Area 4C
IFQ or CDQ holders will not change as
a result of this action. The proposed
change would substitute the word
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‘‘area(s)’’ for ‘‘area’’ and add ‘‘CDQ’’ to
correspond with IFQ, clarifying that the
total amount of unharvested IFQ or CDQ
assigned to Area 4C may be harvested in
either Area 4C or 4D. Therefore, an Area
4C IFQ or CDQ holder may harvest only
the total amount of IFQ or CDQ halibut
assigned to Area 4C in either Area 4C
or 4D, but may not harvest the total
amount assigned in both Areas 4C and
4D.
NMFS proposes to monitor each IFQ
or CDQ holder’s halibut catch in Areas
4C and 4D. If the catch in Area 4D
exceeds the group’s initial allocation for
Area 4D, then NMFS will subtract this
additional catch from the group’s Area
4C allocation. Halibut IFQ or CDQ catch
from Area 4C also will be subtracted
from each IFQ or CDQ holder’s Area 4C
allocation. Any amount of halibut IFQ
or CDQ catch in Area 4D that exceeds
the 4D allocation and is subtracted from
the Area 4C allocation will no longer be
available for harvest in Area 4C. This
procedure would allow each IFQ or
CDQ holder to decide where to catch
their Area 4C halibut IFQ or CDQ
allocation without requiring transfers.
Each IFQ or CDQ holder would have to
monitor the harvest of Area 4C and 4D
halibut IFQ or CDQ to ensure that: (1)
its total catch in Area 4C does not
exceed its Area 4C allocation, minus
any portion of its Area 4C quota
harvested in Area 4D, (2) its total catch
in Area 4D does not exceed the sum of
its Area 4C and Area 4D allocations,
minus any portion of its Area 4C
allocation harvested in Area 4C, and (3)
its total catch in Areas 4C and 4D does
not exceed the sum of its Area 4C and
Area 4D allocations.
Although CDQ assigned to Area 4D
QS currently may be harvested in Area
4E, this proposed action would not
allow CDQ assigned to Area 4C to be
harvested in Area 4E. The current
prohibition against harvesting halibut
IFQ and CDQ in an area different from
the area to which it is assigned will
remain effective, except that halibut
CDQ assigned to Area 4D may be
harvested in Area 4E. If the Secretary
approves this action, a second exception
to the prohibition would allow Area 4C
IFQ or CDQ holders to fish their IFQ
and CDQ in Area 4C or 4D, but this
action would not authorize Area 4C
CDQ holders to fish their CDQ in Area
4E.
Classification
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Council recommended this action
to the Secretary for adoption pursuant to
its authority under the Halibut Act. An
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RIR/IRFA for the proposed revisions to
the Area 4 CSP and regulatory
amendment describes the management
background, the purpose and need for
action, the management alternatives,
and the socioeconomic impacts of the
alternatives (see ADDRESSES).
The IRFA prepared for this action
assesses potential impacts on small
entities for purposes of the Regulatory
Flexibility Act (RFA). The Council
reviewed two alternatives, a ‘‘no action’’
alternative and a preferred alternative to
allow Area 4C QS holders to harvest
their IFQ and CDQ in Area 4D subject
to review after the third year of
implementation. The no action
alternative limits the opportunities of
Area 4C QS holders to harvest their
halibut allocations. The preferred
alternative would allow an exception for
Area 4C to the rule that requires all QS
to be harvested in the area to which it
is assigned.
The objective of the proposed action
is to increase opportunities of Area 4C
QS holders to harvest their halibut
allocations. The legal basis for the
proposed action is explained in the
preamble of this proposed rule. In
summary, NMFS manages the North
Pacific halibut fisheries of the Bering
Sea in Convention waters under the
authority of the Northern Pacific Halibut
Management Act. Regulations at 50 CFR
300.60 through 300.65 govern the
Pacific halibut fishery in the waters of
the U.S. The annual Pacific halibut
management measures for 2005 were
published in the Federal Register on
February 25, 2005 (70 FR 9242).
The proposed action would partially
relieve the restriction limiting harvests
of Pacific halibut IFQ and CDQ to the
IPHC regulatory area to which it is
assigned. The entities regulated by this
action are those entities that are
authorized to harvest halibut in Areas
4C and 4D. These entities include six
CDQ groups, and the owners and
operators of longline catcher vessels and
catcher/processor vessels in these areas
who hold halibut IFQ or CDQ.
The alternatives addressed in the
IRFA may directly affect all six CDQ
groups, which represent 65 western
Alaska communities with a total 2000
population of over 27,000, which
receive halibut CDQ in halibut Areas 4C
and 63 persons who held more than 4
million QS units in Area 4C in 2004.
There are 23 Category D vessels fishing
halibut IFQs in Area 4C. Some
fishermen have expressed interest in
purchasing larger vessels to fish their
category D QS. Other fishermen may
hire Category C or B vessels to fish their
Category D QS because of bad weather
and safety reason. The halibut fleet in
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Area 4C is larger and more diverse than
in Area 4D, which is comprised of
mostly larger vessels.
Two CDQ groups hold Area 4C QS/
CDQ. People in these communities
benefit from the halibut CDQ and IFQ
fisheries directly and indirectly. Some
residents earn income from
participating in the CDQ fishery, either
by harvesting or processing halibut,
which provides a direct effect on both
the economic health of the individuals
and their communities. Some residents
earn income from participating in the
CDQ fishery, which economically
benefits the individuals and their
communities through jobs harvesting
and processing halibut.
As of November 2004, there are 63
persons holding QS in Area 4C. In 2002,
24 unique vessels made IFQ halibut
landings in Area 4C. Reported ex-vessel
price helps describe the small entities
regulated by this action. NMFS
publishes annually ‘‘standard prices’’
for halibut and sablefish that estimate
the ex-vessel prices received by IFQ
fishermen for their harvests. NMFS uses
these prices for calculating permit
holder cost recovery fee liabilities. In
2003, these price data suggest that the
price of halibut might have been about
$2.92 per pound for headed and gutted
halibut (December 22, 2003, 68 FR
71036). This harvest limit and price
imply maximum vessel revenues of less
than $1,000,000 for halibut. Thus, no
vessel subject to these restrictions could
have been used to land the maximum
gross revenue threshold for a ‘‘small’’
catcher vessel established under RFA
rules, which is more than $3,000,000
worth of halibut in 2003. Therefore all
halibut vessels may be assumed to be
small entities, for purposes of the IRFA.
These estimates are likely to
overestimate the numbers of small
entities because they do not take
account of income that might have been
VerDate jul<14>2003
12:46 May 04, 2005
Jkt 205001
23833
earned by the vessel in other fisheries or
activities, and they do not take account
of vessel affiliations. NMFS has defined
all halibut vessels as small businesses
for the purpose of regulatory flexibility
analysis.
Impacts on regulated small entities
resulting from the proposed action
appear to be positive. Qualitatively, the
preferred alternative is likely to increase
the amount of halibut harvested from
the recent low levels up to the total
catch limit specified for Area 4C. Any
increase in harvest would have a
positive economic impact on
participating small entities. However, it
is not possible to quantitatively estimate
magnitudes of these impacts at this
time.
This proposed action does not impose
new recordkeeping or reporting
requirements on the regulated small
entities. Additionally, this proposed
action does not duplicate, overlap, or
conflict with any other Federal rules.
The alternatives described for this
proposed action are not expected to
result in adverse impacts on directly
regulated small entities.
Authority: 16 U.S.C. 773 et seq.; 1540(f);
1801 et seq; 1851 note; 3631 et seq.
List of Subjects in 50 CFR Part 679
(a) * * *
(1) The QS or IFQ specified for one
IFQ regulatory area must not be used in
a different IFQ regulatory area, except:
(i) Notwithstanding § 679.4(d)(1),
§§ 679.7(f)(4) and (f)(11), §§ 679.40(b)(1),
(c)(3), and (e), from [EFFECTIVE DATE
OF FINAL RULE] to November 15, 2005,
all or part of the QS and IFQ specified
for regulatory area 4C may be harvested
in either Area 4C or Area 4D.
(ii) For the year 2006 and subsequent
annual IFQ fishing seasons, all or part
of the QS and IFQ specified for
regulatory area 4C may be harvested in
either Area 4C or Area 4D.
*
*
*
*
*
Alaska, Determinations and appeals,
Fisheries, Recordkeeping and reporting
requirements.
Dated: April 29, 2005.
John Oliver
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
For the reasons set out in the
preamble, 50 CFR part 679 is proposed
to be amended as follows:
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
1. The authority citation for part 679
continues to read as follows:
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
2. In § 679.7, paragraph (f)(4) is
revised to read as follows:
§ 679.7
Prohibitions.
*
*
*
*
*
(f) * * *
(4) Except as provided in § 679.40(d),
retain IFQ or CDQ halibut or IFQ or
CDQ sablefish on a vessel in excess of
the total amount of unharvested IFQ or
CDQ, applicable to the vessel category
and IFQ or CDQ regulatory area(s) in
which the vessel is deploying fixed gear,
and that is currently held by all IFQ or
CDQ card holders aboard the vessel,
unless the vessel has an observer aboard
under subpart E of this part and
maintains the applicable daily fishing
log prescribed in the annual
management measures published in the
Federal Register pursuant to 50 CFR
300.62 and § 679.5.
*
*
*
*
*
3. In § 679.42, paragraph (a)(1) is
revised to read as follows:
§ 679.42
Limitations on use of QS and IFQ.
[FR Doc. 05–9003 Filed 5–4–05; 8:45 am]
BILLING CODE 3510–22–S
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Agencies
[Federal Register Volume 70, Number 86 (Thursday, May 5, 2005)]
[Proposed Rules]
[Pages 23829-23833]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9003]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 050421110-5110-01; I.D. 041505F]
RIN 0648-AT03
Pacific Halibut Fisheries; Fisheries of the Exclusive Economic
Zone Off Alaska; Individual Fishing Quota Program; Community
Development Quota Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes an amendment to the Pacific halibut regulations
for waters in and off Alaska.
[[Page 23830]]
This proposed action modifies the Individual Fishing Quota (IFQ)
Program and the Western Alaska Community Development Quota (CDQ)
Program by allowing quota share holders in International Pacific
Halibut Commission (IPHC) Regulatory Area (Area) 4C to fish their Area
4C IFQ in Area 4D. This proposed action is intended to enhance
harvesting opportunities for halibut by IFQ and CDQ fishermen and is
necessary to promote the objectives of the Northern Pacific Halibut Act
of 1982 (Halibut Act) with respect to the IFQ and CDQ Pacific halibut
fisheries, consistent with the regulations and resource management
objectives of the IPHC.
DATES: Written comments must be received no later than June 6, 2005.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Lori Durall. Comments may be submitted by:
Mail: P.O. Box 21668, Juneau, AK 99802.
Hand Delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
Fax: 907-586-7557.
E-mail: 4cd-0648-AT03@noaa.gov. Include in the subject
line of the e-mail the following document identifier: IFQ Halibut 4CD
RIN 0648-AT03. E-mail comments, with or without attachments, are
limited to 5 megabytes.
Webform at the Federal eRulemaking Portal:
www.regulations.gov Follow the instructions at that site for submitting
comments.
Copies of the environmental assessment (EA), regulatory impact
review (RIR), and initial regulatory flexibility analysis (IRFA)
prepared for this action are available from NMFS at the above address
or by calling the Sustainable Fisheries Division, Alaska Region, NMFS,
at 907-586-7228.
FOR FURTHER INFORMATION CONTACT: Bubba Cook, 907-586-7425 or
bubba.cook@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background and Need for Action
Management of the Pacific halibut (Hippoglossus stenolepis)
(halibut) fishery in and off Alaska is based on an international
agreement between Canada and the United States. This agreement, titled
the ``Convention Between the United States of America and Canada for
the Preservation of the Halibut Fishery of the Northern Pacific Ocean
and Bering Sea'' (Convention), was signed at Ottawa, Canada on March 2,
1953, and was amended by the ``Protocol Amending the Convention,''
signed at Washington, D.C., March 29, 1979. The Convention is
implemented in the United States by the Halibut Act.
Generally, the IPHC develops halibut fishery management regulations
pursuant to the Convention and submits those regulations to the U.S.
Secretary of State for approval. NMFS publishes approved IPHC
regulations in the Federal Register as annual management measures. NMFS
published the IPHC's current annual management measures on February 25,
2005 (70 FR 9242).
The Halibut Act also authorizes the North Pacific Fishery
Management Council (Council) to develop halibut fishery regulations in
and off Alaska that are in addition to, but not in conflict with, the
approved IPHC regulations (Halibut Act, section 773(c)). Regulations
developed by the Council will be implemented only upon approval of the
U.S. Secretary of Commerce (Secretary).
The IFQ and CDQ Fisheries
In December 1991, the Council adopted a limited access system for
managing the halibut fishery in and off Alaska under authority of the
Halibut Act. This limited access system included an IFQ Program for
Areas 2C through 4D, and the CDQ program for Areas 4B through 4E. The
Council designed the IFQ and CDQ Programs to allocate specific
harvesting privileges among U.S. fishermen and eligible western Alaska
communities to resolve management and conservation problems associated
with ``open access'' fishery management, and to promote the development
of fishery-based economic opportunities in western Alaska. Acting on
behalf of the Secretary, NMFS initially implemented the IFQ and CDQ
programs through regulations published in the Federal Register on
November 9, 1993 (58 FR 59375). Fishing for halibut under these two
programs began on March 15, 1995.
Each quota share (QS) represents a transferable harvest privilege,
within specified limitations, which is converted annually into IFQ.
Fishermen granted IFQs are authorized to harvest a specified amount of
halibut in the Areas specified on an IFQ permit issued to the
fishermen.
NMFS and the State of Alaska jointly manage the CDQ Program based
on a program design developed by the Council. Currently, 65 communities
are eligible to participate in the CDQ Program, representing about
27,000 western Alaska residents. These communities are located within
50 nautical miles of the Bering Sea coast or on an island in the Bering
Sea and are predominantly populated by Alaska Natives. The eligible
communities formed six non-profit corporations known as CDQ groups to
manage and administer allocations, investments, and economic
development projects.
Catch Sharing Plan (CSP) for Area 4
The CSP for Area 4 originally was developed by the Council to
apportion the IPHC's halibut catch limit for Area 4 among Areas 4A, 4B,
4C, 4D, and 4E as necessary to carry out the socioeconomic objectives
of the IFQ and CDQ programs. The Area 4 CSP was published in the
Federal Register on March 20, 1996 (61 FR 11337) and implemented that
same year.
NMFS subsequently modified the Area 4 CSP to remove Areas 4A and 4B
from the CSP in 1998, to allow the catch limits for these two areas and
a combined Area 4C-E to be set according to the IPHC's revised area
specific biomass-based methodology. The IPHC considers Area 4A, Area
4B, and the combined Area 4C-E to have separate halibut populations for
purposes of management. A complete description of the proposed
revisions to the Area 4 CSP, catch limit apportionments, and
geographical description of each subarea was published in the Federal
Register on January 12, 1998 (63 FR 1812). These modifications were
approved March 17, 1998 (63 FR 13000). Beginning in 1998, the IPHC has
annually implemented the measures specified in the Area 4 CSP to
apportion the combined Area 4C-E catch limit independently among Areas
4C, 4D, and 4E. The annual management measures addressing the Area 4C-E
catch limit in 2005 were published on February 25, 2005 (70 FR 9242).
The IPHC assesses the halibut resource in Areas 4C-E as a single
stock unit. The IPHC continues to use survey-based estimates scaled to
adjoining areas for the combined Area 4C-E because the information
needed for an analytical assessment is not available. In the past, the
IPHC scaled the combined area to Area 3A because it represented the
nearest area with an analytical estimate. Since the development of an
analytical estimate for Area 4A in 2003, the IPHC now estimates the
Area 4C-E biomass as 142 percent of the Area 4A biomass. The combined
area quota is subsequently broken out by subarea according to the CSP.
Since its implementation in 1998, the CSP has been applied to the
annual combined Area 4C-E catch limit established by the IPHC. A direct
allocation of 80,000 lb (36.3 mt) is made to Area 4E in the revised CSP
when the Area 4C-E catch limit is greater than 1,657,600 lb (751.9 mt).
The purpose is
[[Page 23831]]
to provide CDQ fishermen in Area 4E with additional harvesting
opportunity. The entire Area 4E catch limit is assigned to the CDQ
reserve and subsequently allocated to qualifying CDQ groups. The
remainder of the combined catch limit is allocated as 46.43 percent to
Area 4C, 46.43 percent to Area 4D, and 7.14 percent to Area 4E.
Previous Revision of the CSP
In 1999, four CDQ groups with CDQ halibut fishing authority in Area
4D requested a regulatory change to allow CDQ halibut allocated to them
in Area 4D to be harvested in Area 4E. The Council subsequently
recommended a CSP change authorizing halibut CDQ issued in Area 4D to
be harvested in Area 4E. In January 2002, the IPHC concurred in the
Council's recommendation because it considers the halibut in Areas 4C,
4D, and 4E to be a single stock unit for management purposes. The
Council based its recommendation on the fact that most of the
communities in CDQ groups with only Area 4D halibut CDQ had to travel
extended distances offshore to harvest Area 4D halibut CDQ or the quota
had to be harvested by large, non-local vessels. In 2003, the CSP and
the regulations were amended by the Secretary to allow only Area 4D QS
holders to harvest their CDQ in Area 4E (68 FR 9902, March 3, 2003).
The Proposed Revision of the CSP
Halibut IFQ and CDQ fishermen in Area 4C have experienced a steady
drop in catch rates since 1985. The drop is consistent among gear types
and amounts to a decline in catch rates of greater than 70 percent over
the past ten years. The reduced catch rates have consequently reduced
the total harvest of halibut by IFQ and CDQ fishermen in Area 4C.
During the 2003 fishing season, Area 4C fishermen landed just 42
percent of the total Area 4C IFQ halibut allocation compared to a
statewide average of 97 percent for all Areas. Only 45 percent of the
Area 4C CDQ halibut allocation was landed by 4C fishermen during the
2003 fishing season compared to an average of 94 percent in other CDQ
areas. The declines in catch rates and consequent poor harvests have
generated considerable concern among Area 4C community residents who
depend heavily on the halibut resource to support their local
economies.
Recent research conducted by the IPHC indicates localized depletion
in Area 4C. Localized depletion results from concentrated fishing
effort in a limited area that exceeds the sustainable level for fishing
in that area. Although effort and catches of halibut have increased in
Area 4C over the last 10 years, catch per unit effort (CPUE) has
declined steadily since commercial fishing began. Catches increased
because fishing effort increased, offsetting the decline in CPUE. IPHC
research shows that a comparison of CPUE with effort indicates a
continuous pattern of increasing effort and decreasing CPUE. The IPHC
suggests that increased effort in Area 4C is unlikely to produce
increased catch.
The commercial catch taken in Area 4C is highly concentrated around
the two Pribilof Islands of St. Paul and St. George. For commercial
catches between 1993 and 2004, with known latitude/longitude locations,
approximately 73 percent of the Area 4C catch was taken within 18
nautical miles of St. Paul Island and 25 percent within 18 nautical
miles of St. George Island. More importantly, much of the directed
effort for the halibut fishery during the 1993-2004 time period
occurred in relatively small areas south of the Pribilof Islands and
were concentrated in the southwest corner of Area 4C. The IPHC notes
that 46.43 percent of the entire Area 4C-E catch limit is allotted for
only 5.1 percent of the total Area 4C-E fishing grounds located in Area
4C. The available fishing grounds in Area 4C consists of only 561
square nautical miles out of a total of 11,076 square nautical miles
comprising Area 4C. The limited fishing grounds in Area 4C results in a
concentrated fishing effort in a relatively small fishing area. The
IPHC also notes that incidental catch of halibut in other fisheries has
reduced recruitment and immigration into Area 4C, further exacerbating
the localized depletion. The diminished harvests, limited fishing
grounds, and reduced recruitment and immigration suggests a decrease in
halibut abundance over time in Area 4C which results in a decreased
CPUE. The IPHC recommends a reduction in effort in Area 4C to observe
how the halibut biomass responds and further determine the productivity
of stock.
Current regulations at 50 CFR 679.42(a)(1) prohibit harvesting
halibut IFQ or CDQ in a regulatory area other than the area for which
the quota is allocated. Halibut IFQ and CDQ allocated in a particular
area may be harvested only in that same area, in accordance with
biomass-based quotas, except that halibut CDQ allocated for Area 4D may
be harvested in Area 4E. One solution for reducing fishing effort in
Area 4C while continuing to allow Area 4C fishermen to fully harvest
their IFQ or CDQ is to redistribute fishing effort from Area 4C to Area
4D.
The CSP assigns 46.43 percent of the combined 4C-E catch to Area
4D, which is an amount equal to that allocated to Area 4C. However, for
the same percentage, Area 4D has approximately ten times more fishing
grounds at 5,605 square nautical miles than Area 4C at 561 square
nautical miles. Fishermen in Area 4D have harvested an average of 92
percent of the IFQ allocation for Area 4D over the past ten years,
achieving 100 percent during 2003 and 2004. Fishermen also harvested an
average of 89 percent of the Area 4D CDQ allocation over the past ten
years, achieving 80 and 84 percent during 2003 and 2004, respectively.
On average, Area 4D conducted only 32 percent of the IFQ landings that
Area 4C conducted over the past ten years inferring that less effort
was required to achieve the full harvest of the 4D IFQ halibut
allocation. Likewise, CDQ landings of halibut from Area 4D were only 19
percent of those from Area 4C over the past ten years inferring that
less effort was required to achieve the full harvest of the 4D CDQ
harvest. Therefore, less effort was required to harvest the Area 4D IFQ
and CDQ halibut allocation in Area 4D, indicating a higher CPUE in Area
4D.
Allowing Area 4C IFQ and CDQ holders to harvest their IFQ and CDQ
in Area 4D would provide several benefits to Area 4C IFQ and CDQ
holders including: (1) reducing fishing effort within Area 4C, thereby
alleviating localized depletion; (2) increasing human health and safety
in the small boat fleet that harvests halibut near St. Paul and St.
George Islands by reducing competition with larger vessels that may
harvest their IFQ in either Area 4C or 4D; and (3) increasing the
geographic area available for harvesting Area 4C quota, thereby
spreading out the fishing fleet. Furthermore, despite a potential
increase in fishing effort in Area 4D resulting from the proposed
action, the IPHC notes that the ratio of halibut harvest to available
fishing grounds would remain much lower in Area 4D than in Area 4C.
Therefore, the likelihood that the localized depletion problem in Area
4C would simply be transposed to Area 4D would remain low.
In December 2004, the Council recommended a regulatory amendment
that would allow an Area 4C QS holder to harvest his or her IFQ and CDQ
in Area 4D. The Council made its recommendation based on the
diminishing harvests and the resulting decline of economic conditions
in the Area 4C communities. In January 2005, the IPHC approved a
regulatory change to the halibut annual management
[[Page 23832]]
measures that would allow the Council's recommendation to take effect
in 2005 if it is approved by the Secretary.
This action proposes to change the Area 4 CSP and the IFQ and CDQ
regulations to incorporate the Council's recommendation that Area 4C
halibut IFQ or CDQ may be harvested either in Area 4C or in Area 4D. No
changes are proposed, however, to the existing Area 4 CSP that
apportions the combined Area 4C-E annual catch limit among Areas 4C,
4D, and 4E. The authority to allocate the annual Area 4 catch limit
according to the Area 4 CSP is specified at 50 CFR 300.65(b) and will
continue to be implemented by the IPHC in its annual management
measures pursuant to 50 CFR 300.62. The following paragraph would be
added to the Area 4 CSP:
An IFQ or CDQ holder with an allocation of Area 4C halibut IFQ
and CDQ may harvest all or part of that allocation in Area 4D. This
provision is based on the Council's recommendation in December 2004,
to allow IFQ and CDQ fishermen in Area 4C additional halibut IFQ and
CDQ harvesting opportunities. The framework that allocates the IPHC
catch limits among Areas 4C, 4D, and 4E remains unchanged.
This change in the Area 4 CSP will complement regulatory changes at
Sec. 679.7(f)(4) and Sec. 679.42(a)(1). If approved and implemented
as proposed, fishermen who possess Area 4C IFQ or CDQ would receive a
statement in accordance with Sec. 679.40(c)(3) that would specify the
maximum amount of Area 4C halibut that may be harvested in Area 4C or
4D. In the first year of implementation, however, this statement will
be issued before the effective date of the proposed regulatory change
and, therefore, would not include a reference to Area 4D. Therefore,
proposed paragraph 679.42(a)(1)(i) would authorize harvest of Area 4C
IFQ and CDQ in Area 4D during the 2005 fishing year. In subsequent
years, however, the proposed change to the CSP, the proposed minor
regulatory changes, and the permit statement would allow Area 4C QS
holders to harvest their IFQ and CDQ in Area 4D.
This proposed rule would make a minor change to Sec. 679.7(f)(4)
which prohibits retaining IFQ halibut on a vessel in excess of the
total amount of unharvested IFQ applicable to the IFQ regulatory area
in which the vessel is deploying gear and that is simultaneously held
by all IFQ holders on board. The total amount of IFQ or CDQ available
to individual Area 4C IFQ or CDQ holders will not change as a result of
this action. The proposed change would substitute the word ``area(s)''
for ``area'' and add ``CDQ'' to correspond with IFQ, clarifying that
the total amount of unharvested IFQ or CDQ assigned to Area 4C may be
harvested in either Area 4C or 4D. Therefore, an Area 4C IFQ or CDQ
holder may harvest only the total amount of IFQ or CDQ halibut assigned
to Area 4C in either Area 4C or 4D, but may not harvest the total
amount assigned in both Areas 4C and 4D.
NMFS proposes to monitor each IFQ or CDQ holder's halibut catch in
Areas 4C and 4D. If the catch in Area 4D exceeds the group's initial
allocation for Area 4D, then NMFS will subtract this additional catch
from the group's Area 4C allocation. Halibut IFQ or CDQ catch from Area
4C also will be subtracted from each IFQ or CDQ holder's Area 4C
allocation. Any amount of halibut IFQ or CDQ catch in Area 4D that
exceeds the 4D allocation and is subtracted from the Area 4C allocation
will no longer be available for harvest in Area 4C. This procedure
would allow each IFQ or CDQ holder to decide where to catch their Area
4C halibut IFQ or CDQ allocation without requiring transfers. Each IFQ
or CDQ holder would have to monitor the harvest of Area 4C and 4D
halibut IFQ or CDQ to ensure that: (1) its total catch in Area 4C does
not exceed its Area 4C allocation, minus any portion of its Area 4C
quota harvested in Area 4D, (2) its total catch in Area 4D does not
exceed the sum of its Area 4C and Area 4D allocations, minus any
portion of its Area 4C allocation harvested in Area 4C, and (3) its
total catch in Areas 4C and 4D does not exceed the sum of its Area 4C
and Area 4D allocations.
Although CDQ assigned to Area 4D QS currently may be harvested in
Area 4E, this proposed action would not allow CDQ assigned to Area 4C
to be harvested in Area 4E. The current prohibition against harvesting
halibut IFQ and CDQ in an area different from the area to which it is
assigned will remain effective, except that halibut CDQ assigned to
Area 4D may be harvested in Area 4E. If the Secretary approves this
action, a second exception to the prohibition would allow Area 4C IFQ
or CDQ holders to fish their IFQ and CDQ in Area 4C or 4D, but this
action would not authorize Area 4C CDQ holders to fish their CDQ in
Area 4E.
Classification
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Council recommended this action to the Secretary for adoption
pursuant to its authority under the Halibut Act. An RIR/IRFA for the
proposed revisions to the Area 4 CSP and regulatory amendment describes
the management background, the purpose and need for action, the
management alternatives, and the socioeconomic impacts of the
alternatives (see ADDRESSES).
The IRFA prepared for this action assesses potential impacts on
small entities for purposes of the Regulatory Flexibility Act (RFA).
The Council reviewed two alternatives, a ``no action'' alternative and
a preferred alternative to allow Area 4C QS holders to harvest their
IFQ and CDQ in Area 4D subject to review after the third year of
implementation. The no action alternative limits the opportunities of
Area 4C QS holders to harvest their halibut allocations. The preferred
alternative would allow an exception for Area 4C to the rule that
requires all QS to be harvested in the area to which it is assigned.
The objective of the proposed action is to increase opportunities
of Area 4C QS holders to harvest their halibut allocations. The legal
basis for the proposed action is explained in the preamble of this
proposed rule. In summary, NMFS manages the North Pacific halibut
fisheries of the Bering Sea in Convention waters under the authority of
the Northern Pacific Halibut Management Act. Regulations at 50 CFR
300.60 through 300.65 govern the Pacific halibut fishery in the waters
of the U.S. The annual Pacific halibut management measures for 2005
were published in the Federal Register on February 25, 2005 (70 FR
9242).
The proposed action would partially relieve the restriction
limiting harvests of Pacific halibut IFQ and CDQ to the IPHC regulatory
area to which it is assigned. The entities regulated by this action are
those entities that are authorized to harvest halibut in Areas 4C and
4D. These entities include six CDQ groups, and the owners and operators
of longline catcher vessels and catcher/processor vessels in these
areas who hold halibut IFQ or CDQ.
The alternatives addressed in the IRFA may directly affect all six
CDQ groups, which represent 65 western Alaska communities with a total
2000 population of over 27,000, which receive halibut CDQ in halibut
Areas 4C and 63 persons who held more than 4 million QS units in Area
4C in 2004. There are 23 Category D vessels fishing halibut IFQs in
Area 4C. Some fishermen have expressed interest in purchasing larger
vessels to fish their category D QS. Other fishermen may hire Category
C or B vessels to fish their Category D QS because of bad weather and
safety reason. The halibut fleet in
[[Page 23833]]
Area 4C is larger and more diverse than in Area 4D, which is comprised
of mostly larger vessels.
Two CDQ groups hold Area 4C QS/CDQ. People in these communities
benefit from the halibut CDQ and IFQ fisheries directly and indirectly.
Some residents earn income from participating in the CDQ fishery,
either by harvesting or processing halibut, which provides a direct
effect on both the economic health of the individuals and their
communities. Some residents earn income from participating in the CDQ
fishery, which economically benefits the individuals and their
communities through jobs harvesting and processing halibut.
As of November 2004, there are 63 persons holding QS in Area 4C. In
2002, 24 unique vessels made IFQ halibut landings in Area 4C. Reported
ex-vessel price helps describe the small entities regulated by this
action. NMFS publishes annually ``standard prices'' for halibut and
sablefish that estimate the ex-vessel prices received by IFQ fishermen
for their harvests. NMFS uses these prices for calculating permit
holder cost recovery fee liabilities. In 2003, these price data suggest
that the price of halibut might have been about $2.92 per pound for
headed and gutted halibut (December 22, 2003, 68 FR 71036). This
harvest limit and price imply maximum vessel revenues of less than
$1,000,000 for halibut. Thus, no vessel subject to these restrictions
could have been used to land the maximum gross revenue threshold for a
``small'' catcher vessel established under RFA rules, which is more
than $3,000,000 worth of halibut in 2003. Therefore all halibut vessels
may be assumed to be small entities, for purposes of the IRFA. These
estimates are likely to overestimate the numbers of small entities
because they do not take account of income that might have been earned
by the vessel in other fisheries or activities, and they do not take
account of vessel affiliations. NMFS has defined all halibut vessels as
small businesses for the purpose of regulatory flexibility analysis.
Impacts on regulated small entities resulting from the proposed
action appear to be positive. Qualitatively, the preferred alternative
is likely to increase the amount of halibut harvested from the recent
low levels up to the total catch limit specified for Area 4C. Any
increase in harvest would have a positive economic impact on
participating small entities. However, it is not possible to
quantitatively estimate magnitudes of these impacts at this time.
This proposed action does not impose new recordkeeping or reporting
requirements on the regulated small entities. Additionally, this
proposed action does not duplicate, overlap, or conflict with any other
Federal rules. The alternatives described for this proposed action are
not expected to result in adverse impacts on directly regulated small
entities.
List of Subjects in 50 CFR Part 679
Alaska, Determinations and appeals, Fisheries, Recordkeeping and
reporting requirements.
Dated: April 29, 2005.
John Oliver
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 679 is
proposed to be amended as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq.; 1540(f); 1801 et seq; 1851
note; 3631 et seq.
2. In Sec. 679.7, paragraph (f)(4) is revised to read as follows:
Sec. 679.7 Prohibitions.
* * * * *
(f) * * *
(4) Except as provided in Sec. 679.40(d), retain IFQ or CDQ
halibut or IFQ or CDQ sablefish on a vessel in excess of the total
amount of unharvested IFQ or CDQ, applicable to the vessel category and
IFQ or CDQ regulatory area(s) in which the vessel is deploying fixed
gear, and that is currently held by all IFQ or CDQ card holders aboard
the vessel, unless the vessel has an observer aboard under subpart E of
this part and maintains the applicable daily fishing log prescribed in
the annual management measures published in the Federal Register
pursuant to 50 CFR 300.62 and Sec. 679.5.
* * * * *
3. In Sec. 679.42, paragraph (a)(1) is revised to read as follows:
Sec. 679.42 Limitations on use of QS and IFQ.
(a) * * *
(1) The QS or IFQ specified for one IFQ regulatory area must not be
used in a different IFQ regulatory area, except:
(i) Notwithstanding Sec. 679.4(d)(1), Sec. Sec. 679.7(f)(4) and
(f)(11), Sec. Sec. 679.40(b)(1), (c)(3), and (e), from [EFFECTIVE DATE
OF FINAL RULE] to November 15, 2005, all or part of the QS and IFQ
specified for regulatory area 4C may be harvested in either Area 4C or
Area 4D.
(ii) For the year 2006 and subsequent annual IFQ fishing seasons,
all or part of the QS and IFQ specified for regulatory area 4C may be
harvested in either Area 4C or Area 4D.
* * * * *
[FR Doc. 05-9003 Filed 5-4-05; 8:45 am]
BILLING CODE 3510-22-S