Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources, 14152-14163 [06-2705]
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cprice-sewell on PROD1PC66 with PROPOSALS
14152
Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Proposed Rules
requirements for contractor reporting of
Government property rely on a paperbased administrative infrastructure, and
do not provide DoD with sufficient
information to validate the existence,
completeness, or valuation of
Government property in the possession
of contactors. This rule will facilitate
DoD compliance with the Chief
Financial Officers Act of 1990 (Pub. L.
101–576) and the financial reporting
requirements imposed by the Federal
Accounting Standards Advisory Board.
The rule will apply to all DoD
contracts with Government-furnished
property. The objective of the rule is to
improve the accountability and control
of DoD assets. Use of the IUID Registry
and DoD real property inventory
systems will enable DoD to maintain
accurate records of its property
inventories. The Chief Financial
Officers Act of 1990 requires the
production of complete, reliable, timely,
and consistent financial information
with regard to Federal programs.
In accordance with the clause at
DFARS 252.245–7001, DoD contractors
already are required to maintain records
of DoD property in their possession and
to submit an annual report using DD
Form 1662 or an approved substitute.
The proposed rule would replace use of
DD Form 1662 with requirements for
use of the IUID Registry and DoD real
property inventory systems as an
electronic means of recording and
reporting of DoD property in the
contractor’s possession. This will
improve the accuracy and efficiency of
the existing reporting and recordkeeping
requirements.
DoD considers the approach described
in the proposed rule to be the most
practical and beneficial for both
Government and industry. Continued
reliance on the current reporting process
would not permit the level of
accountability that DoD needs to
comply with statutory and regulatory
requirements related to the management
of Government property. DoD already
has adopted the use of IUID technology
as the standard marking approach for all
items in DoD’s inventory system.
Therefore, it logically follows that DoD
property in the possession of contractors
should also be recorded and reported
using IUID technology.
DoD invites comments from small
businesses and other interested parties.
DoD also will consider comments from
small entities concerning the affected
DFARS subpart in accordance with 5
U.S.C. 610. Such comments should be
submitted separately and should cite
DFARS Case 2005–D015.
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C. Paperwork Reduction Act
The information collection
requirements of the clause at DFARS
252.245–7001 have been approved by
the Office of Management and Budget
under Clearance Number 0704–0246.
The requirements of this proposed rule
are not expected to significantly change
the burden hours approved under
Clearance Number 0704–0246.
List of Subjects in 48 CFR Part 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR part 252 as follows:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for 48 CFR
part 252 continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Section 252.245–7001 is revised to
read as follows:
252.245—7001
Property.
Reports of Government
As prescribed in 245.505–14(a), use
the following clause:
Reports of Government Property (XXX
2006)
(a) Definitions. As used in this
clause—
Equipment means a tangible article of
personal property that is complete in
and of itself, durable, nonexpendable,
and needed for the performance of a
contract. Equipment generally has an
expected life of one year or more and
does not ordinarily lose its identity or
become a component part of another
article when put into use.
Material means property that may be
consumed or expended during the
performance of a contract, component
parts of a higher assembly, or items that
lose their individual identity through
incorporation into an end item. Material
does not include equipment, special
tooling, special test equipment, or
unique federal property.
Property in the possession of the
Contractor (PIPC) means tangible
personal property, to which the
Government has title, that is in the
stewardship or possession of, or is
controlled by, the Contractor for the
performance of a contract. PIPC consists
of both tangible Government-furnished
property and contractor-acquired
property and includes equipment and
material.
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(b) The Contractor shall provide item
unique identification (IUID) data
electronically into the IUID Registry—
(1) For all DoD PIPC under this
contract, including that at subcontractor
and alternate locations; and
(2) In accordance with the data
submission procedures in the
Government Personal and Real Property
in the Possession of the Contractor
guidebook in effect on the date of the
award of this contract. The guidebook is
located at https://www.acq.osd.mil/
dpap/UID/DataSubmission.htm.
(c) The Contractor shall update PIPC
records in the IUID Registry for changes
in the status, mark, custody, or
disposition of the PIPC, for all PIPC—
(1) Delivered or shipped from the
Contractor’s plant, under Government
instructions, except when shipment is
to a subcontractor or other location of
the Contractor;
(2) Consumed or expended,
reasonably and properly, or otherwise
accounted for, in the performance of the
contract as determined by the
Government property administrator,
including reasonable inventory
adjustments;
(3) Disposed of; or
(4) Transferred to a follow-on or
another contract.
(d) At a minimum, the Contractor
shall update PIPC records for PIPC
provided under this contract in the IUID
Registry, so that the IUID Registry
reflects the same information that is
recorded in the Contractor’s property
records for all PIPC in the Contractor’s
stewardship, possession, or control, by
March 31st and September 30th of each
year.
(e) For all real property provided
under this contract, the Contractor shall
maintain records in the owning military
department’s real property inventory
system in accordance with guidance
published by the military department,
recording all changes as they occur.
(End of clause)
[FR Doc. E6–3993 Filed 3–20–06; 8:45 am]
BILLING CODE 5001–08–P
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Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Proposed Rules
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 680
[Docket No. 060227052–6052–01; I.D.
021606B]
RIN 0648–AU06
Fisheries of the Exclusive Economic
Zone Off Alaska; Allocating Bering Sea
and Aleutian Islands King and Tanner
Crab Fishery Resources
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
cprice-sewell on PROD1PC66 with PROPOSALS
AGENCY:
SUMMARY: NMFS proposes regulations
implementing Amendment 20 to the
Fishery Management Plan for Bering
Sea/Aleutian Islands (BSAI) King and
Tanner crabs (FMP). This proposed
action would amend the BSAI Crab
Rationalization Program (hereinafter
referred to as the Program). If approved,
Amendment 20 and this action would
modify the allocation of harvesting
shares and processing shares for Bering
Sea Tanner crab Chionoecetes bairdi
(Tanner crab) to allow this species to be
managed as two separate stocks. This
proposed action is necessary to increase
resource conservation and economic
efficiency in the crab fisheries that are
subject to the Program. This action is
intended to promote the goals and
objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), the FMP,
and other applicable law.
DATES: Comments must be received no
later than May 5, 2006.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Records Office. Comments may be
submitted by:
• E-mail:
0648-7AU06-KTC20-PR@noaa.gov.
Include in the subject line of the e-mail
the following document identifier: Crab
Rationalization RIN 0648-AU06. E-mail
comments, with or without attachments,
are limited to 5 megabytes.
• Mail: P.O. Box 21668, Juneau, AK
99802.
• Hand Delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
• Facsimile: 907–586–7557.
• Webform at the Federal eRulemaking
Portal: www.regulations.gov. Follow the
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instructions at that site for submitting
comments.
Copies of Amendment 20 and the
Environmental Assessment/Regulatory
Impact Review/Initial Regulatory
Flexibility Analysis (EA/RIR/IRFA) for
this action may be obtained from the
NMFS Alaska Region at the address
above or from the Alaska Region website
at https://www.fakr.noaa.gov/
sustainablefisheries.htm.
FOR FURTHER INFORMATION CONTACT:
Glenn Merrill, 907–586–7228 or
glenn.merrill@noaa.gov.
SUPPLEMENTARY INFORMATION: The king
and Tanner crab fisheries in the
exclusive economic zone of the BSAI
are managed under the FMP. The FMP
was prepared by the North Pacific
Fishery Management Council (Council)
under the Magnuson-Stevens Act as
amended by the Consolidated
Appropriations Act of 2004 (Public Law
108–199, section 801). Amendments 18
and 19 to the FMP amended the FMP to
include the Program. A final rule
implementing these amendments was
published on March 2, 2005 (70 FR
10174). NMFS also published three
corrections to the final rule (70 FR
13097; March 18, 2005), (70 FR 33390;
June 8, 2005) and (70 FR 75419;
December 20, 2005).
Under the Program, harvester quota
share (QS), processor quota share (PQS),
individual fishing quota (IFQ), and
individual processing quota (IPQ)
currently are issued for one Tanner crab
fishery. The State of Alaska (State),
however, has determined that eastern
Bering Sea Tanner crab should be
separated into two stocks and managed
as two separate fisheries to avoid
localized depletion by the commercial
fishery, particularly of legal-sized males
in the Pribilof Islands area. Although
the distribution of Tanner crab is
continuous over its range in the eastern
Bering Sea, some discontinuity exists in
the distribution of legal-size males.
Highest densities of legal-sized males
during stock assessment surveys tend to
occur at sampling stations either east of
166° W. longitude (i.e., in Bristol Bay)
or west of 168° W. longitude (i.e., in the
vicinity of the Pribilof Islands). In
contrast, densities of legal-sized males
tend to be low at survey stations
between 166° W. longitude and 168° W.
longitude. The contrast between
densities in the Pribilof Islands area and
Bristol Bay with the densities in the
intervening area between 166° W.
longitude and 168° W. longitude is most
notable at times of high populations of
legal-sized males in the eastern Bering
Sea. The distribution of catch of legalsized males during the commercial
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14153
fishery has shown a similar pattern. The
Program and the final rule
implementing it allocated shares of the
Tanner crab fishery in the Bering Sea,
but did not separately distinguish the
management of these two stocks.
If approved, Amendment 20 to the
FMP and this action would modify the
allocation of harvesting shares and
processing shares for Bering Sea Tanner
crab to accommodate management of
geographically separate Tanner crab
fisheries. This action proposes to
allocate QS and PQS and the resulting
IFQ and IPQ for two Tanner crab
fisheries, one east of 166° W. longitude,
the other west of 166° W. longitude.
Revision of the QS and PQS allocations
would resolve the current inconsistency
between current allocations and
management of the Tanner crab species
as two stocks. This change is expected
to reduce administrative costs for
managers and the operational costs of
harvesters and processors while
increasing their flexibility.
Management of any harvestable
surplus also would be improved
through distinct allocations for separate
Tanner crab stocks. Setting two total
allowable catches (TACs) east and west
of 166° W. longitude that are
proportional to the estimated
abundances east and west of 166° W.
longitude provides a means to avoid
localized depletion by the commercial
fishery, particularly of those legal-sized
males in the Pribilof Islands area. The
166° W. longitude boundary
corresponds with an area in which
historical fishery catch and effort has
been low. Hence the 166° W. longitude
boundary has the benefit of providing
low potential for causing conservation,
management and enforcement concerns
that can result from fishers ‘‘fishing to
the line’’ (i.e., commercial fishing effort
and high removal rates concentrated on
either side of the boundary).
This proposed action would not alter
the basic structure or management of the
Program. Reporting, monitoring, fee
collection, and other requirements to
participate in the Tanner crab fishery
would remain unchanged. The proposed
action also would not increase the
number of harvesters or processors in
the Tanner crab fisheries or the amount
of crab that may be harvested currently.
The proposed action would not affect
regional delivery requirements or other
restrictions on harvesting and
processing Tanner crab that currently
apply. It would provide a mechanism to
ensure that quota is managed for each
stock separately in accordance with
biomass distribution. The proposed
action also would provide additional
flexibility to industry participants to
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hold quota to fish specific Tanner crab
fisheries and reduce potential conflicts
among participants that may occur if
one quota is used to provide harvesting
and processing privileges to two distinct
stocks.
Under the proposed action, IFQ and
IPQ holders will be able to trade shares
in the fisheries independently to
establish long-term relationships in each
fishery independently.
This proposed action would not
modify the process used to apply for
and initially receive Tanner crab QS,
PQS and the resulting IFQ and IPQ.
Under the existing regulations, the
agency calculated initial allocations of
Tanner crab QS and PQS to eligible
harvesters and processors who applied
during the application period (April 4,
2005 through June 3, 2005). The
allocations of east and west Tanner crab
stock QS, PQS and the resulting IFQ and
IPQ under this proposed action would
be based on the existing application and
allocation process.
NMFS proposes to reissue Tanner
crab QS and PQS. Currently Tanner crab
is issued as Bering Sea Tanner (BST) QS
and BST PQS. For each share of BST QS
held, a person would be issued one
share of eastern Bering Sea Tanner crab
(EBT) QS, and one share of western
Bering Sea Tanner crab (WBT) QS.
Similarly, for each BST PQS held, a
person would be issued one share of
EBT PQS, and one share of WBT PQS.
EBT QS and PQS would result in IFQ
and IPQ that could be used for the
Tanner crab fishery occurring east of
166° W. longitude; WBT QS and PQS
would result in IFQ and IPQ that could
be used for the Tanner crab fishery
occurring west of 166° W. longitude.
This reissuance of Tanner crab QS and
PQS would not increase the number of
initially issued Tanner crab quota
holders. Tanner crab QS and PQS
holders would receive IFQ and IPQ in
a specific fishery only if that specific
Tanner crab fishery had a harvestable
surplus and TAC assigned by the State.
NMFS would reissue Tanner crab QS
and PQS after the end of the current
Tanner crab fishing season (March 31,
2006), and prior to the date when the
State would announce any TAC for the
2006/2007 fishing season (in early
October 2006). This would reduce any
potential conflict with the current
Tanner crab fishery. The precise timing
of QS and PQS reissuance is dependent
on rulemaking and cannot be
determined at this time.
Classification
At this time, NMFS has not
determined that Amendment 20 and the
provisions in this rule that would
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15:06 Mar 20, 2006
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implement Amendment 20 are
consistent with the national standards
of the Magnuson-Stevens Act and other
applicable laws. NMFS, in making the
determination that this proposed rule is
consistent, will take into account the
data, views, and comments received
during the comment period (see DATES).
A Regulatory Impact Review (RIR)
was prepared to assess all costs and
benefits of available regulatory
alternatives. The RIR considers all
quantitative and qualitative measures.
Additionally, an initial regulatory
flexibility analysis (IRFA) was prepared
that describes the impact this proposed
rule would have on small entities. The
IRFA discusses both small and nonsmall entities to adequately characterize
the fishing participants. Copies of the
RIR/IRFA prepared for this proposed
rule are available from NMFS (see
ADDRESSES). The RIR/IRFA prepared for
this proposed action builds off an
extensive RIR/IRFA prepared for
Amendments 18 and 19 that detailed
the impacts of the Program on small
entities.
The reasons why this action is being
proposed and the objectives and legal
basis for the proposed rule are discussed
in the preamble to this rule and are not
repeated here. The IRFA contains a
description and estimate of the number
of directly affected small entities.
Estimates of the number of small
harvesting entities under the Program
are complicated by several factors. First,
each eligible captain will receive an
allocation of QS under the program. A
total of 186 captains received
allocations of Tanner crab QS for the
2005–2006 fishery. In addition, 269
allocations of QS to LLP license holders
were made under the Program, for a
total of 454 QS allocations in the Bering
Sea Tanner crab fisheries. Because some
persons participated as LLP holders and
captains and others received allocations
from the activities of multiple vessels,
only 294 unique persons received QS.
Of those entities receiving QS, 287 are
small entities because they either
generated $4.0 million or less in gross
revenue, or they are independent
entities not affiliated with a processor.
Estimates of gross revenues for purposes
of determining the number of small
entities, relied on the low estimates of
prices from the arbitration reports based
on the 2005/2006 fishing season.
Allocations of Tanner crab PQS under
the Program were made to 20
processors. Of these PQS recipients,
nine are estimated to be large entities,
and eleven small entities. Estimates of
large entities were made based on
available records of employment and
the analysts’ knowledge of foreign
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ownership of processing companies.
These totals exclude catcher/processors,
which are included in the LLP holder
discussion.
Other supporting businesses also may
be indirectly affected by this action if it
leads to fewer vessels participating in
the fishery. These impacts are treated in
the RIR prepared for this action (see
ADDRESSES).
This proposed action does not contain
any reporting, recordkeeping and other
reporting requirements. No federal rules
that may duplicate, overlap, or conflict
with this proposed action have been
identified.
The Council considered alternatives
as it designed and evaluated the
potential methods for accommodating
two-stock management in the Bering Sea
Tanner crab fisheries in the EA prepared
for this proposed action. The
alternatives differed only in the
calculation of initial allocations of QS
and PQS and the nature of the
processing privileges (PQS and IPQ) in
the rationalized Tanner crab fisheries.
The alternatives have no effect on
fishing practices or patterns and
therefore have no effects on the physical
and biological environment. Effects of
the Program, including rationalizing the
Tanner crab fishery, on the physical and
biological environment (including
effects on benthic species and habitat,
essential fish habitat, the ecosystem,
endangered species, marine mammals,
and sea birds) are fully analyzed in the
EIS prepared for the Program (Crab EIS)
and are incorporated by reference in the
EA prepared for this proposed action.
This proposed action is not
anticipated to have additional impacts
on the Tanner crab fisheries beyond
those identified in the Crab EIS. No new
significant information is available that
would change these determinations in
the Crab EIS. Please refer to the Crab EIS
and its appendices for more detail (see
ADDRESSES).
The EA/RIR/IRFA prepared for this
action analyzed a suite of three
alternatives for harvesters, and a
separate suite of three alternatives for
processors. Alternative 1 for both
harvesters and processors, the no action
alternative, would maintain the existing
inconsistency between Federal
allocations supporting a single Tanner
crab fishery and State management of
two stocks of Tanner crab. For
harvesters, the difference in effects of
the revised allocation alternatives on the
social and economic environment is
primarily distributional. Under the
preferred harvester alternative
(Alternative 2), an eligible participant
would receive an allocation in both
fisheries based on all qualifying catches
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regardless of where that catch occurred.
Under harvester Alternative 3, a
harvester would receive an allocation in
each fishery based on historic catch
from the area of the fishery. Under this
alternative, a person’s allocation will be
skewed toward the area in which the
person had greater catch relative to
other participants.
For processors, the choice of revised
allocation alternatives would have
operational and efficiency effects. Under
the preferred processor alternative
(Alternative 2), PQS and IPQ pools
would be created for the two fisheries.
Share holders would be able to trade
shares in the fisheries independently to
establish long-term relationships in each
fishery independently. Under processor
Alternative 3, PQS would generate an
annual allocation of IPQ that could be
used in either fishery. Since TACs in the
fisheries may fluctuate independently,
harvesters that do not hold equal
percentages of the pools in both
fisheries will be unable to establish
fixed long-term relationships with a
processor for all their shares. Instead,
these participants would need to modify
their relationships if TACs change
independently in the different Tanner
crab fisheries. This restructuring of
relationships could reduce efficiency in
the Tanner crab fisheries by adding to
transaction costs of participants.
Although the different allocations
under consideration in this action
would have distributional and
efficiency impacts for individual
participants, in no case are these
impacts in the aggregate expected to be
substantial. In all instances, similar
numbers of participants would receive
allocations. Although none of the
alternatives has substantial negative
impacts on small entities, preferred
Alternative 2 for processors minimizes
the potential negative impacts that
could arise under Alternative 3 for
processors. Differences in efficiency that
could arise are likely to affect most
participants in a minor way having an
overall insubstantial impact. As a
consequence, none of the alternatives is
Crab QS Fishery
(A) EAG
Eastern Bering Sea Tanner crab (EBT)
QS and one unit of Western Bering Sea
Tanner crab (WBT) QS.
(c) Crab PQS permit. (1) Crab PQS is
issued by the Regional Administrator to
persons who successfully apply for an
initial allocation under § 680.40 or
receive PQS by transfer under § 680.41.
Once issued, a crab PQS permit is valid
until modified under paragraph (c)(2) of
this section, or by transfer under
§ 680.41; or until the permit is revoked,
suspended, or modified pursuant to
§ 679.43 or under 15 CFR part 904.
(2) Each unit of Crab PQS initially
issued under § 680.40 for the Bering Sea
Tanner crab (Chionoecetes bairdi) CR
fishery shall be reissued as one unit of
Eastern Bering Sea Tanner crab (EBT)
PQS and one unit of Western Bering Sea
Tanner crab (WBT) PQS.
*
*
*
*
*
expected to have any significant
economic or socioeconomic impacts.
Collection-of-information
This rule does not contain new
collection-of-information requirements
subject to review and approval by OMB
under the Paperwork Reduction Act
(PRA).
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
List of Subjects in 50 CFR Part 680
Alaska, Fisheries, Reporting and
recordkeeping requirements.
Dated: March 16, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 680 is proposed
to be amended as follows:
§§ 680.40 and 680.41
PART 680—SHELLFISH FISHERIES OF
THE EXCLUSIVE ECONOMIC ZONE
OFF ALASKA
1. The authority citation for part 680
continues to read as follows:
Authority: 16 U.S.C. 1862.
LOCATION
2. In § 680.4, revise paragraphs (b) and
(c) to read as follows:
*
*
*
*
*
(b) Crab QS permit. (1) Crab QS is
issued by the Regional Administrator to
persons who successfully apply for an
initial allocation under § 680.40 or
receive QS by transfer under § 680.41.
Once issued, a crab QS permit is valid
until modified under paragraph (b)(2) of
this section, or by transfer under
§ 680.41; or until the permit is revoked,
suspended, or modified pursuant to
§ 679.43 or under 15 CFR part 904. To
qualify for a crab QS permit, the
applicant must be a U.S. Citizen.
(2) Each unit of Crab QS initially
issued under § 680.40 for the Bering Sea
Tanner crab (Chionoecetes bairdi) CR
fishery shall be reissued as one unit of
X
EBT or
WBT
§ 680.40(d)(2)(iv)(B)
BST
EBT or
WBT
§ 680.41(l)(1)(i)
BST
EBT,
WBT,
South Region
4. In § 680.40, revise paragraph
(b)(2)(iii) to read as follows:
§ 680.40 Quota Share (QS), Processor QS
(PQS), Individual Fishing Quota (IFQ), and
Individual Processor Quota (IPQ) issuance.
*
*
*
*
*
(b) * * *
(2) * * *
(iii) The regional designations that
apply to each of the crab QS fisheries
are specified in the following table:
West Region
Undesignated Region
X
X
X
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(C) EBT
X
(D) WBT
X
(E) BSS
X
X
(F) BBR
X
X
(G) PIK
X
X
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ADD
BST
Permits.
North Region
15:06 Mar 20, 2006
REMOVE
§ 680.40(b)(2)(ii)(A)
§ 680.4
(B) WAG
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[Amended]
3. In the table below, at each of the
locations shown in the ‘‘Location’’
column, remove the phrase indicated in
the ‘‘Remove’’ column and replace it
with the phrase indicated in the ‘‘Add’’
column:
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Crab QS Fishery
North Region
(H) SMB
South Region
X
West Region
Undesignated Region
X
(I) WAI
X
§ 680.42 Limitations on use of QS, PQS,
IFQ and IPQ.
*
*
*
*
*
5. In § 680.42, revise paragraph
(a)(2)(i), (a)(3)(i), (a)(4)(i), (c) paragraph
heading, and (c)(1) to read as follows:
(a) * * *
(2) * * *
(i) Hold QS in amounts in excess of
the amounts specified in the following
table, unless that person’s QS was
received in the initial allocation:
CVO/CPO Use Cap in QS
Units
CVC/CPC Use Cap in QS
Units
(A) Percent of the initial QS pool for BBR
1.0% = 3,880,000
2.0% = 240,000
(B) Percent of the initial QS pool for BSS
1.0% = 9,700,000
2.0% = 600,000
(C) Percent of the initial QS pool for EBT
1.0% = 1,940,000
2.0% = 120,000
(D) Percent of the initial QS pool for WBT
1.0% = 1,940,000
2.0% = 120,000
(E) Percent of the initial QS pool for PIK
2.0% = 582,000
4.0% = 36,000
(F) Percent of the initial QS pool for SMB
2.0% = 582,000
4.0% = 36,000
(G) Percent of the initial QS pool for EAG
10.0% = 970,000
20.0% = 60,000
(H) Percent of the initial QS pool for WAG
10.0% = 3,880,000
20.0% = 240,000
(I) Percent of the initial QS pool for WAI
10.0% = 5,820,000
20.0% = 360,000
Fishery
*
*
*
(3) * * *
*
*
(i) Hold QS in excess of more than the
amounts of QS specified in the
following table:
Fishery
CDQ CVO/CPO Use Cap in QS Units
(A) 5.0 percent of the initial QS pool for BBR
19,400,000
(B) 5.0 percent of the initial QS pool for BSS
48,500,000
(C) 5.0 percent of the initial QS pool for EBT
9,700,000
(D) 5.0 percent of the initial QS pool for WBT
9,700,000
(E) 10.0 percent of the initial QS pool for PIK
2,910,000
(F) 10.0 percent of the initial QS pool for SMB
2,910,000
(G) 20.0 percent of the initial QS pool for EAG
1,940,000
(H) 20.0 percent of the initial QS pool for WAG
7,760,000
(I) 20.0 percent of the initial QS pool for WAI
11,640,000
*
*
*
(4) * * *
*
*
(i) Hold QS in excess of the amounts
specified in the following table:
Fishery
CVO/CPO Use Cap in QS Units
cprice-sewell on PROD1PC66 with PROPOSALS
(A) 5.0 percent of the initial QS pool for BBR
19,400,000
(B) 5.0 percent of the initial QS pool for BSS
48,500,000
(C) 5.0 percent of the initial QS pool for EBT
9,700,000
(D) 5.0 percent of the initial QS pool for WBT
9,700,000
(E) 5.0 percent of the initial QS pool for PIK
1,455,000
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Fishery
14157
CVO/CPO Use Cap in QS Units
(F) 5.0 percent of the initial QS pool for SMB
1,455,000
(G) 5.0 percent of the initial QS pool for EAG
485,000
(H) 5.0 percent of the initial QS pool for WAG
1,940,000
(I) 5.0 percent of the initial QS pool for WAI
2,910,000
*
*
*
*
*
(c) Vessel limitations. (1) Except for
vessels that participate solely in a crab
harvesting cooperative as described
under § 680.21 and under the provisions
described in paragraph (c)(4) of this
section, no vessel may be used to
harvest CVO or CPO IFQ in excess of the
following percentages of the TAC for
that crab QS fishery for that crab fishing
year:
(i) 2.0 percent for BSS;
(ii) 2.0 percent for BBR;
(iii) 2.0 percent for EBT;
(iv) 2.0 percent for WBT
(v) 4.0 percent for PIK;
(vi) 4.0 percent for SMB;
(vii) 20.0 percent for EAG;
(viii) 20.0 percent for WAG; or
(ix) 20.0 percent for the WAI crab QS
fishery west of 179° W. long.
*
*
*
*
*
6. Revise Table 1 to part 680 to read
as follows:
TABLE 1 TO PART 680—CRAB RATIONALIZATION (CR) FISHERIES
Fishery Code
CR Fishery
Geographic Area
Bristol Bay red king crab (Paralithodes
camtshaticus)
In waters of the EEZ with:
(1) A northern boundary of 58°30′ N. lat.,
(2) A southern boundary of 54°36′ N. lat., and
(3) A western boundary of 168° W. long. and including all waters of
Bristol Bay.
BSS
Bering Sea Snow crab (Chionoecetes opilio)
In waters of the EEZ with:
(1) A northern and western boundary of the Maritime Boundary
Agreement Line as that line is described in the text of and depicted
in the annex to the Maritime Boundary Agreement between the
United States and the Union of Soviet Socialist Republics signed in
Washington, June 1, 1990, and as the Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition, February 16,
1991), and
(2) A southern boundary of 54°30′ N. lat. to 171° W. long., and then
south to 54°36′ N. lat.
EAG
Eastern Aleutian Islands golden king crab
(Lithodes aequispinus)
In waters of the EEZ with:
(1) An eastern boundary the longitude of Scotch Cap Light (164°44′
W. long.) to 53°30′ N. lat., then West to 165° W. long.,
(2) A western boundary of 174° W. long., and
(3) A northern boundary of a line from the latitude of Cape Sarichef
(54°36′ N. lat.) westward to 171° W. long., then north to 55°30′ N.
lat., then west to 174° W. long.
EBT
cprice-sewell on PROD1PC66 with PROPOSALS
BBR
Eastern Bering Sea Tanner crab
(Chionoecetes bairdi)
In waters of the EEZ with:
(1) A western boundary the longitude of 166° W. long.,
(2) A northern boundary of the Maritime Boundary Agreement Line
as that line is described in the text of and depicted in the annex to
the Maritime Boundary Agreement between the United States and
the Union of Soviet Socialist Republics signed in Washington, June
1, 1990, and as the Maritime Boundary Agreement Line as depicted
on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA
Chart No. 514 (6th edition, February 16, 1991), and
(3) A southern boundary of 54°30’N. lat.
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Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Proposed Rules
TABLE 1 TO PART 680—CRAB RATIONALIZATION (CR) FISHERIES—Continued
Fishery Code
CR Fishery
Geographic Area
Pribilof red king and blue king crab
(Paralithodes camtshaticus and P. platypus)
In waters of the EEZ with:
(1) A northern boundary of 58°30′ N. lat.,
(2) An eastern boundary of 168° W. long., and
(3) A southern boundary line from 54°36′ N. lat., 168° W. long., to
54°36′ N. lat., 171° W. long., to 55°30′ N. lat., 171° W. long., to
55°30′ N. lat., 173°30′ E. lat., and then westward to the Maritime
Boundary Agreement Line as that line is described in the text of and
depicted in the annex to the Maritime Boundary Agreement between
the United States and the Union of Soviet Socialist Republics signed
in Washington, June 1, 1990, and as the Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition, February 16,
1991).
SMB
St. Matthew blue king crab (Paralithodes platypus)
In waters of the EEZ with:
(1) A northern boundary of 62° N. lat.,
(2) A southern boundary of 58°30′ N. lat., and
(3) A western boundary of the Maritime Boundary Agreement Line
as that line is described in the text of and depicted in the annex to
the Maritime Boundary Agreement between the United States and
the Union of Soviet Socialist Republics signed in Washington, June
1, 1990, and as the Maritime Boundary Agreement Line as depicted
on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA
Chart No. 514 (6th edition, February 16, 1991).
WAG
Western Aleutian Islands golden king crab
(Lithodes aequispinus)
In waters of the EEZ with:
(1) An eastern boundary the longitude 174° W. long.,
(2) A western boundary the Maritime Boundary Agreement Line as
that line is described in the text of and depicted in the annex to the
Maritime Boundary Agreement between the United States and the
Union of Soviet Socialist Republics signed in Washington, June 1,
1990, and as the Maritime Boundary Agreement Line as depicted on
NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA
Chart No. 514 (6th edition, February 16, 1991), and
(3) A northern boundary of a line from the latitude of 55°30′ N. lat.,
then west to the U.S.-Russian Convention line of 1867.
WAI
Western Aleutian Islands red king crab
(Paralithodes camtshaticus)
WBT
cprice-sewell on PROD1PC66 with PROPOSALS
PIK
Western Bering Sea Tanner crab
(Chionoecetes bairdi)
In waters of the EEZ with:
(1) An eastern boundary the longitude 179° W. long.,
(2) A western boundary of the Maritime Boundary Agreement Line
as that line is described in the text of and depicted in the annex to
the Maritime Boundary Agreement between the United States and
the Union of Soviet Socialist Republics signed in Washington, June
1, 1990, and as the Maritime Boundary Agreement Line as depicted
on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA
Chart No. 514 (6th edition, February 16, 1991), and
(3) A northern boundary of a line from the latitude of 55°30′ N. lat.,
then west to the Maritime Boundary Agreement Line as that line is
described in the text of and depicted in the annex to the Maritime
Boundary Agreement between the United States and the Union of
Soviet Socialist Republics signed in Washington, June 1, 1990, and
as the Maritime Boundary Agreement Line as depicted on NOAA
Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No.
514 (6th edition, February 16, 1991).
In waters of the EEZ with:
(1) An eastern boundary the longitude of 166° W. long.,
(2) A northern and western boundary of the Maritime Boundary
Agreement Line as that line is described in the text of and depicted
in the annex to the Maritime Boundary Agreement between the
United States and the Union of Soviet Socialist Republics signed in
Washington, June 1, 1990, and as the Maritime Boundary Agreement Line as depicted on NOAA Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart No. 514 (6th edition, February 16,
1991), and
(3) A southern boundary of 54°30′ N. lat. to 171° W. long., and then
south to 54°36′ N. lat.
7. Revise Tables 7, 8, and 9 to part 680
to read as follows:
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14159
TABLE 7 TO PART 680—INITIAL ISSUANCE OF CRAB QS BY CRAB QS FISHERY
Column B: Qualifying
Years for QS
Column C: Eligibility
Years for CVC and CPC
QS
Column D: Recent Participation Seasons for
CVC and CPC QS
Column E: Subset of
Qualifying Years
For each crab QS fishery the Regional Administrator shall calculate
(see § 680.40(c)(2):
QS for any qualified
person based on that
person’s total legal landings of crab in each of
the crab QS fisheries for
any:
In addition, each person
receiving CVC and CPC
QS must have made at
least one landing per
year, as recorded on a
State of Alaska fish ticket, in any three years
during the base period
described below:
In addition, each person
receiving CVC or CPC
QS, must have made at
least one landing, as recorded on a State of
Alaska fish ticket, in at
least 2 of the last 3 fishing seasons in each of
the crab QS fisheries as
those seasons are described below:
The maximum number
of qualifying years that
can be used to calculate
QS for each QS fishery
is:
1. Bristol Bay red king crab (BBR)
4 years of the 5-year
QS base period beginning on:
(1) November 1–5,
1996;
(2) November 1–5,
1997;
(3) November 1–6,
1998;
(4) October 15–20,
1999;
(5) October 16–20,
2000.
3 years of the 5-year
QS base period beginning on:
(1) November 1–5,
1996;
(2) November 1–5,
1997;
(3) November 1–6,
1998;
(4) October 15–0, 1999;
(5) October 16–20,
2000.
(1) October 15–20,
1999.
(2) October 16–20,
2000.
(3) October 15–18,
2001.
4 years
2. Bering Sea snow crab (BSS)
cprice-sewell on PROD1PC66 with PROPOSALS
Column A: Crab QS Fisheries
4 years of the 5-year
period beginning on:
(1) January 15, 1996
through February 29,
1996;
(2) January 15, 1997
through March 21,
1997;
(3) January 15, 1998
through March 20,
1998;
(4) January 15, 1999
through March 22,
1999;
(5) April 1–8, 2000.
3 years of the 5-year
period beginning on:
(1) January 15, 1996
through February 29,
1996;
(2) January 15, 1997
through March 21,
1997;
(3) January 15, 1998
through March 20,
1998;
(4) January 15, 1999
through March 22,
1999;
(5) April 1–8, 2000.
(1) April 1–8, 2000.
(2) January 15, 2001
through February 14,
2001.
(3) January 15, 2002
through February 8,
2002.
4 years
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14160
Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Proposed Rules
TABLE 7 TO PART 680—INITIAL ISSUANCE OF CRAB QS BY CRAB QS FISHERY—Continued
Column B: Qualifying
Years for QS
Column C: Eligibility
Years for CVC and CPC
QS
Column D: Recent Participation Seasons for
CVC and CPC QS
3. Eastern Aleutian Islands golden
king crab (EAG)
5 years of the 5-year
base period beginning
on:
(1) September 1, 1996
through December 25,
1996;
(2) September 1, 1997
though November 24,
1997;
(3) September 1, 1998
through November 7,
1998;
(4) September 1, 1999
through October 25,
1999;
(5) August 15, 2000
through September 24,
2000.
3 years of the 5-year
base period beginning
on:
(1) September 1, 1996
through December 25,
1996;
(2) September 1, 1997
though November 24,
1997;
(3) September 1, 1998
through November 7,
1998;
(4) September 1, 1999
through October 25,
1999;
(5) August 15, 2000
through September 25,
2000.
(1) September 1 1999
through October 25,
1999.
(2) August 15, 2000
through September 24,
2000.
(3) August 15, 2001
through September 10,
2001.
5 years
4. Eastern Bering Sea Tanner crab
(EBT)
4 of the 6 seasons beginning on:
(1) November 15, 1991
through March 31,
1992;
(2) November 15, 1992
through March 31,
1993;
(3) November 1–10,
1993, and November
20, 1993 through January 1, 1994;
(4) November 1–21,
1994;
(5) November 1–16,
1995;
(6) November 1–5, 1996
and November 15–27,
1996.
3 of the 6 seasons beginning on:
(1) November 15, 1991
through March 31,
1992;
(2) November 15, 1992
through March 31,
1993;
(3) November 1–10,
1993, and November
20, 1993 through January 1, 1994;
(4) November 1–21,
1994;
(5) November 1–16,
1995;
(6) November 1–5, 1996
and November 15–27,
1996.
In any 2 of the last 3
seasons prior to June
10, 2002 in the Eastern
Aleutian Island golden
(brown) king crab,
Western Aleutian Island
golden (brown) king
crab, Bering Sea snow
crab, or Bristol Bay red
king crab fisheries.
4 years
5. Pribilof red king and blue king
crab (PIK)
cprice-sewell on PROD1PC66 with PROPOSALS
Column A: Crab QS Fisheries
4 years of the 5-year
period beginning on:
(1) September 15–21,
1994;
(2) September 15–22,
1995;
(3) September 15–26,
1996;
(4) September 15–29,
1997;
(5) September 1–28,
1998.
3 years of the 5-year
period beginning on:
(1) September 15–21,
1994;
(2) September 15–22,
1995;
(3) September 15–26,
1996;
(4) September 15–29,
1997;
(5) September 15–28,
1998.
In any 2 of the last 3
seasons prior to June
10, 2002 in the Eastern
Aleutian Island golden
(brown) king crab,
Western Aleutian Island
golden (brown) king
crab, Bering Sea snow
crab, or Bristol Bay red
king crab fisheries, except that persons applying for an allocation to
receive QS based on
legal landings made
aboard a vessel less
than 60 feet (18.3 m)
LOA at the time of harvest are exempt from
this requirement.
4 years
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Column E: Subset of
Qualifying Years
Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Proposed Rules
14161
TABLE 7 TO PART 680—INITIAL ISSUANCE OF CRAB QS BY CRAB QS FISHERY—Continued
Column A: Crab QS Fisheries
Column B: Qualifying
Years for QS
Column C: Eligibility
Years for CVC and CPC
QS
Column D: Recent Participation Seasons for
CVC and CPC QS
Column E: Subset of
Qualifying Years
4 years of the 5-year
period beginning on:
(1) September 15–22,
1994;
(2) September 15–20,
1995;
(3) September 15–23,
1996;
(4) September 15–22,
1997;
(5) September 15–26,
1998.
3 years of the 5-year
period beginning on:
(1) September 15–22,
1994;
(2) September 15–20,
1995;
(3) September 15–23,
1996;
(4) September 15–22,
1997; and
(5) September 15–26,
1998.
In any 2 of the last 3
seasons prior to June
10, 2002 in the Eastern
Aleutian Island golden
(brown) king crab,
Western Aleutian Island
golden (brown) king
crab, Bering Sea snow
crab, or Bristol Bay red
king crab fisheries.
4 years
7. Western Aleutian Islands brown
king crab (WAG)
5 of the 5 seasons beginning on:
(1) September 1, 1996
through August 31,
1997;
(2) September 1, 1997
though August 21,
1998;
(3) September 1, 1998
through August 31,
1999;
(4) September 1, 1999
through August 14,
2000;
(5) August 15, 2000
through March 28,
2001.
3 of the 5 seasons beginning on:
(1) September 1, 1996
through August 31,
1997;
(2) September 1, 1997
though August 31,
1998;
(3) September 1, 1998
through August 31,
1999;
(4) September 1, 1999
through August 14,
2000;
(5) August 15, 2000
through March 28,
2001.
(1) September 1, 1999
through August 14,
2000.
(2) August 15, 2000
through March 28,
2001.
(3) August 15 2001
through March 30,
2002.
5 years
8. Western Aleutian Islands red
king crab (WAI)
cprice-sewell on PROD1PC66 with PROPOSALS
6. St. Matthew blue king crab
(SMB)
3 of the 4 seasons beginning on:
(1) November 1, 1992
through January 15,
1993;
(2) November 1, 1993
through February 15,
1994;
(3) November 1–28,
1994;
(4) November 1, 1995
through February 13,
1996.
3 of the 4 seasons beginning on:
(1) November 1, 1992
through January 15,
1993;
(2) November 1, 1993
through February 15,
1994;
(3) November 1–28,
1994;
(4) November 1, 1995
through February 13,
1996.
In any 2 of the last 3
seasons prior to June
10, 2002 in the Eastern
Aleutian Island golden
(brown) king crab,
Western Aleutian Island
golden (brown) king
crab, Bering Sea snow
crab, or Bristol Bay red
king crab fisheries.
3 years
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Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Proposed Rules
TABLE 7 TO PART 680—INITIAL ISSUANCE OF CRAB QS BY CRAB QS FISHERY—Continued
9. Western Bering Sea Tanner
crab (WBT)
Column B: Qualifying
Years for QS
Column C: Eligibility
Years for CVC and CPC
QS
Column D: Recent Participation Seasons for
CVC and CPC QS
4 of the 6 seasons beginning on:
(1) November 15, 1991
through March 31,
1992;
(2) November 15, 1992
through March 31,
1993;
(3) November 1–10,
1993, and November
20, 1993 through January 1, 1994;
(4) November 1–21,
1994;
(5) November 1–16,
1995;
(6) November 1–5, 1996
and November 15–27,
1996.
Column A: Crab QS Fisheries
3 of the 6 seasons beginning on:
(1) November 15, 1991
through March 31,
1992;
(2) November 15, 1992
through March 31,
1993;
(3) November 1–10,
1993, and November
20, 1993 through January 1, 1994;
(4) November 1–21,
1994;
(5) November 1–16,
1995;
(6) November 1–5, 1996
and November 15–27,
1996.
In any 2 of the last 3
seasons prior to June
10, 2002 in the Eastern
Aleutian Island golden
(brown) king crab,
Western Aleutian Island
golden (brown) king
crab, Bering Sea snow
crab, or Bristol Bay red
king crab fisheries.
Column E: Subset of
Qualifying Years
4 years
TABLE 8 TO PART 680—INITIAL QS AND PQS POOL FOR EACH CRAB QS FISHERY
Crab QS Fishery
Initial QS Pool
Initial PQS Pool
400,000,000
400,000,000
1,000,000,000
1,000,000,000
EAG - Eastern Aleutian Islands golden king crab
10,000,000
10,000,000
EBT - Eastern Bering Sea Tanner crab (C. bairdi)
200,000,000
200,000,000
PIK - Pribilof Islands red and blue king crab
30,000,000
30,000,000
SMB - St. Matthew blue king crab
30,000,000
30,000,000
WAG - Western Aleutian Islands golden king crab
40,000,000
40,000,000
WAI - Western Aleutian Islands red king crab
60,000,000
60,000,000
WBT - Western Bering Sea Tanner crab (C. bairdi)
200,000,000
200,000,000
BBR - Bristol Bay red king crab
BSS - Bering Sea snow crab C. opilio
TABLE 9 TO PART 680—INITIAL ISSUANCE OF CRAB PQS BY CRAB QS FISHERY
Column A:
For each crab QS fishery:
Column B:
The Regional Administrator shall calculate PQS for any qualified person based on that person=s total legal purchase of crab in each of the crab QS fisheries for any...
3 years of the 3-year QS base period beginning on:
(1) November 1–5, 1997;
(2) November 1–6, 1998; and
(3) October 15–20, 1999.
Bering Sea snow crab (BSS)
cprice-sewell on PROD1PC66 with PROPOSALS
Bristol Bay red king crab
(BBR)
3 years of the 3-year
(1) January 15, 1997
(2) January 15, 1998
(3) January 15, 1999
Eastern Aleutian Island golden king crab (EAG)
4 years of the 4-year base period beginning on:
(1) September 1, 1996 through December 25, 1996;
(2) September 1, 1997 though November 24, 1997;
(3) September 1, 1998 through November 7, 1998; and
(4) September 1, 1999 through October 25, 1999.
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period beginning on:
through March 21, 1997;
through March 20, 1998; and
through March 22, 1999.
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14163
TABLE 9 TO PART 680—INITIAL ISSUANCE OF CRAB PQS BY CRAB QS FISHERY—Continued
Column A:
For each crab QS fishery:
Column B:
The Regional Administrator shall calculate PQS for any qualified person based on that person=s total legal purchase of crab in each of the crab QS fisheries for any...
Eastern Bering Sea Tanner
crab (EBT)
Equivalent to 50 percent of the total legally processed crab in the Bering Sea snow crab fishery during the
qualifying years established for that fishery, and 50 percent of the total legally processed crab in the Bristol Bay
red king crab fishery during the qualifying years established for that fishery.
Pribilof Islands red and blue
king crab (PIK)
3 years of the 3-year period beginning on:
(1) September 15–26, 1996;
(2) September 15–29, 1997; and
(3) September 15–28, 1998.
St. Matthew blue king crab
(SMB)
3 years of the 3-year period beginning on:
(1) September 15–23, 1996;
(2) September 15–22, 1997; and
(3) September 15–26, 1998.
Western Aleutian Island
golden king crab (WAG)
4 years of the 4-year base period beginning on:
(1) September 1, 1996 through August 31, 1997;
(2) September 1, 1997 though August 31, 1998;
(3) September 1, 1998 through August 31, 1999; and
(4) September 1, 1999 through August 14, 2000.
Western Aleutian Islands red
king crab (WAI)
Equivalent to the total legally processed crab in the Western Aleutian Islands golden (brown) king crab fishery
during the qualifying years established for that fishery.
Western Bering Sea Tanner
crab (WBT)
Equivalent to 50 percent of the total legally processed crab in the Bering Sea snow crab fishery during the
qualifying years established for that fishery, and 50 percent of the total legally processed crab in the Bristol Bay
red king crab fishery during the qualifying years established for that fishery.
[FR Doc. 06–2705 Filed 3–20–06; 8:45 am]
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BILLING CODE 3510–22–S
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15:06 Mar 20, 2006
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Agencies
[Federal Register Volume 71, Number 54 (Tuesday, March 21, 2006)]
[Proposed Rules]
[Pages 14152-14163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2705]
[[Page 14153]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 680
[Docket No. 060227052-6052-01; I.D. 021606B]
RIN 0648-AU06
Fisheries of the Exclusive Economic Zone Off Alaska; Allocating
Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations implementing Amendment 20 to the
Fishery Management Plan for Bering Sea/Aleutian Islands (BSAI) King and
Tanner crabs (FMP). This proposed action would amend the BSAI Crab
Rationalization Program (hereinafter referred to as the Program). If
approved, Amendment 20 and this action would modify the allocation of
harvesting shares and processing shares for Bering Sea Tanner crab
Chionoecetes bairdi (Tanner crab) to allow this species to be managed
as two separate stocks. This proposed action is necessary to increase
resource conservation and economic efficiency in the crab fisheries
that are subject to the Program. This action is intended to promote the
goals and objectives of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), the FMP, and other applicable
law.
DATES: Comments must be received no later than May 5, 2006.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Records Office. Comments may be submitted by:
E-mail: 0648[dash]7AU06[dash]KTC20[dash]PR@noaa.gov.
Include in the subject line of the e-mail the following document
identifier: Crab Rationalization RIN 0648[dash]AU06. E-mail comments,
with or without attachments, are limited to 5 megabytes.
Mail: P.O. Box 21668, Juneau, AK 99802.
Hand Delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
Facsimile: 907-586-7557.
Webform at the Federal eRulemaking Portal:
www.regulations.gov. Follow the instructions at that site for
submitting comments.
Copies of Amendment 20 and the Environmental Assessment/Regulatory
Impact Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) for
this action may be obtained from the NMFS Alaska Region at the address
above or from the Alaska Region website at https://www.fakr.noaa.gov/
sustainablefisheries.htm.
FOR FURTHER INFORMATION CONTACT: Glenn Merrill, 907-586-7228 or
glenn.merrill@noaa.gov.
SUPPLEMENTARY INFORMATION: The king and Tanner crab fisheries in the
exclusive economic zone of the BSAI are managed under the FMP. The FMP
was prepared by the North Pacific Fishery Management Council (Council)
under the Magnuson-Stevens Act as amended by the Consolidated
Appropriations Act of 2004 (Public Law 108-199, section 801).
Amendments 18 and 19 to the FMP amended the FMP to include the Program.
A final rule implementing these amendments was published on March 2,
2005 (70 FR 10174). NMFS also published three corrections to the final
rule (70 FR 13097; March 18, 2005), (70 FR 33390; June 8, 2005) and (70
FR 75419; December 20, 2005).
Under the Program, harvester quota share (QS), processor quota
share (PQS), individual fishing quota (IFQ), and individual processing
quota (IPQ) currently are issued for one Tanner crab fishery. The State
of Alaska (State), however, has determined that eastern Bering Sea
Tanner crab should be separated into two stocks and managed as two
separate fisheries to avoid localized depletion by the commercial
fishery, particularly of legal-sized males in the Pribilof Islands
area. Although the distribution of Tanner crab is continuous over its
range in the eastern Bering Sea, some discontinuity exists in the
distribution of legal-size males. Highest densities of legal-sized
males during stock assessment surveys tend to occur at sampling
stations either east of 166[deg] W. longitude (i.e., in Bristol Bay) or
west of 168[deg] W. longitude (i.e., in the vicinity of the Pribilof
Islands). In contrast, densities of legal-sized males tend to be low at
survey stations between 166[deg] W. longitude and 168[deg] W.
longitude. The contrast between densities in the Pribilof Islands area
and Bristol Bay with the densities in the intervening area between
166[deg] W. longitude and 168[deg] W. longitude is most notable at
times of high populations of legal-sized males in the eastern Bering
Sea. The distribution of catch of legal-sized males during the
commercial fishery has shown a similar pattern. The Program and the
final rule implementing it allocated shares of the Tanner crab fishery
in the Bering Sea, but did not separately distinguish the management of
these two stocks.
If approved, Amendment 20 to the FMP and this action would modify
the allocation of harvesting shares and processing shares for Bering
Sea Tanner crab to accommodate management of geographically separate
Tanner crab fisheries. This action proposes to allocate QS and PQS and
the resulting IFQ and IPQ for two Tanner crab fisheries, one east of
166[deg] W. longitude, the other west of 166[deg] W. longitude.
Revision of the QS and PQS allocations would resolve the current
inconsistency between current allocations and management of the Tanner
crab species as two stocks. This change is expected to reduce
administrative costs for managers and the operational costs of
harvesters and processors while increasing their flexibility.
Management of any harvestable surplus also would be improved
through distinct allocations for separate Tanner crab stocks. Setting
two total allowable catches (TACs) east and west of 166[deg] W.
longitude that are proportional to the estimated abundances east and
west of 166[deg] W. longitude provides a means to avoid localized
depletion by the commercial fishery, particularly of those legal-sized
males in the Pribilof Islands area. The 166[deg] W. longitude boundary
corresponds with an area in which historical fishery catch and effort
has been low. Hence the 166[deg] W. longitude boundary has the benefit
of providing low potential for causing conservation, management and
enforcement concerns that can result from fishers ``fishing to the
line'' (i.e., commercial fishing effort and high removal rates
concentrated on either side of the boundary).
This proposed action would not alter the basic structure or
management of the Program. Reporting, monitoring, fee collection, and
other requirements to participate in the Tanner crab fishery would
remain unchanged. The proposed action also would not increase the
number of harvesters or processors in the Tanner crab fisheries or the
amount of crab that may be harvested currently. The proposed action
would not affect regional delivery requirements or other restrictions
on harvesting and processing Tanner crab that currently apply. It would
provide a mechanism to ensure that quota is managed for each stock
separately in accordance with biomass distribution. The proposed action
also would provide additional flexibility to industry participants to
[[Page 14154]]
hold quota to fish specific Tanner crab fisheries and reduce potential
conflicts among participants that may occur if one quota is used to
provide harvesting and processing privileges to two distinct stocks.
Under the proposed action, IFQ and IPQ holders will be able to
trade shares in the fisheries independently to establish long-term
relationships in each fishery independently.
This proposed action would not modify the process used to apply for
and initially receive Tanner crab QS, PQS and the resulting IFQ and
IPQ. Under the existing regulations, the agency calculated initial
allocations of Tanner crab QS and PQS to eligible harvesters and
processors who applied during the application period (April 4, 2005
through June 3, 2005). The allocations of east and west Tanner crab
stock QS, PQS and the resulting IFQ and IPQ under this proposed action
would be based on the existing application and allocation process.
NMFS proposes to reissue Tanner crab QS and PQS. Currently Tanner
crab is issued as Bering Sea Tanner (BST) QS and BST PQS. For each
share of BST QS held, a person would be issued one share of eastern
Bering Sea Tanner crab (EBT) QS, and one share of western Bering Sea
Tanner crab (WBT) QS. Similarly, for each BST PQS held, a person would
be issued one share of EBT PQS, and one share of WBT PQS. EBT QS and
PQS would result in IFQ and IPQ that could be used for the Tanner crab
fishery occurring east of 166[deg] W. longitude; WBT QS and PQS would
result in IFQ and IPQ that could be used for the Tanner crab fishery
occurring west of 166[deg] W. longitude. This reissuance of Tanner crab
QS and PQS would not increase the number of initially issued Tanner
crab quota holders. Tanner crab QS and PQS holders would receive IFQ
and IPQ in a specific fishery only if that specific Tanner crab fishery
had a harvestable surplus and TAC assigned by the State.
NMFS would reissue Tanner crab QS and PQS after the end of the
current Tanner crab fishing season (March 31, 2006), and prior to the
date when the State would announce any TAC for the 2006/2007 fishing
season (in early October 2006). This would reduce any potential
conflict with the current Tanner crab fishery. The precise timing of QS
and PQS reissuance is dependent on rulemaking and cannot be determined
at this time.
Classification
At this time, NMFS has not determined that Amendment 20 and the
provisions in this rule that would implement Amendment 20 are
consistent with the national standards of the Magnuson-Stevens Act and
other applicable laws. NMFS, in making the determination that this
proposed rule is consistent, will take into account the data, views,
and comments received during the comment period (see DATES).
A Regulatory Impact Review (RIR) was prepared to assess all costs
and benefits of available regulatory alternatives. The RIR considers
all quantitative and qualitative measures. Additionally, an initial
regulatory flexibility analysis (IRFA) was prepared that describes the
impact this proposed rule would have on small entities. The IRFA
discusses both small and non-small entities to adequately characterize
the fishing participants. Copies of the RIR/IRFA prepared for this
proposed rule are available from NMFS (see ADDRESSES). The RIR/IRFA
prepared for this proposed action builds off an extensive RIR/IRFA
prepared for Amendments 18 and 19 that detailed the impacts of the
Program on small entities.
The reasons why this action is being proposed and the objectives
and legal basis for the proposed rule are discussed in the preamble to
this rule and are not repeated here. The IRFA contains a description
and estimate of the number of directly affected small entities.
Estimates of the number of small harvesting entities under the
Program are complicated by several factors. First, each eligible
captain will receive an allocation of QS under the program. A total of
186 captains received allocations of Tanner crab QS for the 2005-2006
fishery. In addition, 269 allocations of QS to LLP license holders were
made under the Program, for a total of 454 QS allocations in the Bering
Sea Tanner crab fisheries. Because some persons participated as LLP
holders and captains and others received allocations from the
activities of multiple vessels, only 294 unique persons received QS. Of
those entities receiving QS, 287 are small entities because they either
generated $4.0 million or less in gross revenue, or they are
independent entities not affiliated with a processor. Estimates of
gross revenues for purposes of determining the number of small
entities, relied on the low estimates of prices from the arbitration
reports based on the 2005/2006 fishing season.
Allocations of Tanner crab PQS under the Program were made to 20
processors. Of these PQS recipients, nine are estimated to be large
entities, and eleven small entities. Estimates of large entities were
made based on available records of employment and the analysts'
knowledge of foreign ownership of processing companies. These totals
exclude catcher/processors, which are included in the LLP holder
discussion.
Other supporting businesses also may be indirectly affected by this
action if it leads to fewer vessels participating in the fishery. These
impacts are treated in the RIR prepared for this action (see
ADDRESSES).
This proposed action does not contain any reporting, recordkeeping
and other reporting requirements. No federal rules that may duplicate,
overlap, or conflict with this proposed action have been identified.
The Council considered alternatives as it designed and evaluated
the potential methods for accommodating two-stock management in the
Bering Sea Tanner crab fisheries in the EA prepared for this proposed
action. The alternatives differed only in the calculation of initial
allocations of QS and PQS and the nature of the processing privileges
(PQS and IPQ) in the rationalized Tanner crab fisheries. The
alternatives have no effect on fishing practices or patterns and
therefore have no effects on the physical and biological environment.
Effects of the Program, including rationalizing the Tanner crab
fishery, on the physical and biological environment (including effects
on benthic species and habitat, essential fish habitat, the ecosystem,
endangered species, marine mammals, and sea birds) are fully analyzed
in the EIS prepared for the Program (Crab EIS) and are incorporated by
reference in the EA prepared for this proposed action.
This proposed action is not anticipated to have additional impacts
on the Tanner crab fisheries beyond those identified in the Crab EIS.
No new significant information is available that would change these
determinations in the Crab EIS. Please refer to the Crab EIS and its
appendices for more detail (see ADDRESSES).
The EA/RIR/IRFA prepared for this action analyzed a suite of three
alternatives for harvesters, and a separate suite of three alternatives
for processors. Alternative 1 for both harvesters and processors, the
no action alternative, would maintain the existing inconsistency
between Federal allocations supporting a single Tanner crab fishery and
State management of two stocks of Tanner crab. For harvesters, the
difference in effects of the revised allocation alternatives on the
social and economic environment is primarily distributional. Under the
preferred harvester alternative (Alternative 2), an eligible
participant would receive an allocation in both fisheries based on all
qualifying catches
[[Page 14155]]
regardless of where that catch occurred. Under harvester Alternative 3,
a harvester would receive an allocation in each fishery based on
historic catch from the area of the fishery. Under this alternative, a
person's allocation will be skewed toward the area in which the person
had greater catch relative to other participants.
For processors, the choice of revised allocation alternatives would
have operational and efficiency effects. Under the preferred processor
alternative (Alternative 2), PQS and IPQ pools would be created for the
two fisheries. Share holders would be able to trade shares in the
fisheries independently to establish long-term relationships in each
fishery independently. Under processor Alternative 3, PQS would
generate an annual allocation of IPQ that could be used in either
fishery. Since TACs in the fisheries may fluctuate independently,
harvesters that do not hold equal percentages of the pools in both
fisheries will be unable to establish fixed long-term relationships
with a processor for all their shares. Instead, these participants
would need to modify their relationships if TACs change independently
in the different Tanner crab fisheries. This restructuring of
relationships could reduce efficiency in the Tanner crab fisheries by
adding to transaction costs of participants.
Although the different allocations under consideration in this
action would have distributional and efficiency impacts for individual
participants, in no case are these impacts in the aggregate expected to
be substantial. In all instances, similar numbers of participants would
receive allocations. Although none of the alternatives has substantial
negative impacts on small entities, preferred Alternative 2 for
processors minimizes the potential negative impacts that could arise
under Alternative 3 for processors. Differences in efficiency that
could arise are likely to affect most participants in a minor way
having an overall insubstantial impact. As a consequence, none of the
alternatives is expected to have any significant economic or
socioeconomic impacts.
Collection-of-information
This rule does not contain new collection-of-information
requirements subject to review and approval by OMB under the Paperwork
Reduction Act (PRA).
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
List of Subjects in 50 CFR Part 680
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: March 16, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 680 is
proposed to be amended as follows:
PART 680--SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
1. The authority citation for part 680 continues to read as
follows:
Authority: 16 U.S.C. 1862.
2. In Sec. 680.4, revise paragraphs (b) and (c) to read as
follows:
Sec. 680.4 Permits.
* * * * *
(b) Crab QS permit. (1) Crab QS is issued by the Regional
Administrator to persons who successfully apply for an initial
allocation under Sec. 680.40 or receive QS by transfer under Sec.
680.41. Once issued, a crab QS permit is valid until modified under
paragraph (b)(2) of this section, or by transfer under Sec. 680.41; or
until the permit is revoked, suspended, or modified pursuant to Sec.
679.43 or under 15 CFR part 904. To qualify for a crab QS permit, the
applicant must be a U.S. Citizen.
(2) Each unit of Crab QS initially issued under Sec. 680.40 for
the Bering Sea Tanner crab (Chionoecetes bairdi) CR fishery shall be
reissued as one unit of Eastern Bering Sea Tanner crab (EBT) QS and one
unit of Western Bering Sea Tanner crab (WBT) QS.
(c) Crab PQS permit. (1) Crab PQS is issued by the Regional
Administrator to persons who successfully apply for an initial
allocation under Sec. 680.40 or receive PQS by transfer under Sec.
680.41. Once issued, a crab PQS permit is valid until modified under
paragraph (c)(2) of this section, or by transfer under Sec. 680.41; or
until the permit is revoked, suspended, or modified pursuant to Sec.
679.43 or under 15 CFR part 904.
(2) Each unit of Crab PQS initially issued under Sec. 680.40 for
the Bering Sea Tanner crab (Chionoecetes bairdi) CR fishery shall be
reissued as one unit of Eastern Bering Sea Tanner crab (EBT) PQS and
one unit of Western Bering Sea Tanner crab (WBT) PQS.
* * * * *
Sec. Sec. 680.40 and 680.41 [Amended]
3. In the table below, at each of the locations shown in the
``Location'' column, remove the phrase indicated in the ``Remove''
column and replace it with the phrase indicated in the ``Add'' column:
------------------------------------------------------------------------
LOCATION REMOVE ADD
------------------------------------------------------------------------
Sec. 680.40(b)(2)(ii)(A) BST EBT or
WBT
------------------------------------------------------------------------
Sec. 680.40(d)(2)(iv)(B) BST EBT or
WBT
------------------------------------------------------------------------
Sec. 680.41(l)(1)(i) BST EBT,
WBT,
------------------------------------------------------------------------
4. In Sec. 680.40, revise paragraph (b)(2)(iii) to read as
follows:
Sec. 680.40 Quota Share (QS), Processor QS (PQS), Individual Fishing
Quota (IFQ), and Individual Processor Quota (IPQ) issuance.
* * * * *
(b) * * *
(2) * * *
(iii) The regional designations that apply to each of the crab QS
fisheries are specified in the following table:
------------------------------------------------------------------------
North South West Undesignated
Crab QS Fishery Region Region Region Region
------------------------------------------------------------------------
(A) EAG X X ........ ............
------------------------------------------------------------------------
(B) WAG ........ ........ X X
------------------------------------------------------------------------
(C) EBT ........ ........ ........ X
------------------------------------------------------------------------
(D) WBT ........ ........ ........ X
------------------------------------------------------------------------
(E) BSS X X ........ ............
------------------------------------------------------------------------
(F) BBR X X ........ ............
------------------------------------------------------------------------
(G) PIK X X ........ ............
------------------------------------------------------------------------
[[Page 14156]]
(H) SMB X X ........ ............
------------------------------------------------------------------------
(I) WAI ........ X ........ ............
------------------------------------------------------------------------
* * * * *
5. In Sec. 680.42, revise paragraph (a)(2)(i), (a)(3)(i),
(a)(4)(i), (c) paragraph heading, and (c)(1) to read as follows:
Sec. 680.42 Limitations on use of QS, PQS, IFQ and IPQ.
(a) * * *
(2) * * *
(i) Hold QS in amounts in excess of the amounts specified in the
following table, unless that person's QS was received in the initial
allocation:
------------------------------------------------------------------------
CVO/CPO Use Cap in CVC/CPC Use Cap in
Fishery QS Units QS Units
------------------------------------------------------------------------
(A) Percent of the initial QS 1.0% = 3,880,000 2.0% = 240,000
pool for BBR
------------------------------------------------------------------------
(B) Percent of the initial QS 1.0% = 9,700,000 2.0% = 600,000
pool for BSS
------------------------------------------------------------------------
(C) Percent of the initial QS 1.0% = 1,940,000 2.0% = 120,000
pool for EBT
------------------------------------------------------------------------
(D) Percent of the initial QS 1.0% = 1,940,000 2.0% = 120,000
pool for WBT
------------------------------------------------------------------------
(E) Percent of the initial QS 2.0% = 582,000 4.0% = 36,000
pool for PIK
------------------------------------------------------------------------
(F) Percent of the initial QS 2.0% = 582,000 4.0% = 36,000
pool for SMB
------------------------------------------------------------------------
(G) Percent of the initial QS 10.0% = 970,000 20.0% = 60,000
pool for EAG
------------------------------------------------------------------------
(H) Percent of the initial QS 10.0% = 3,880,000 20.0% = 240,000
pool for WAG
------------------------------------------------------------------------
(I) Percent of the initial QS 10.0% = 5,820,000 20.0% = 360,000
pool for WAI
------------------------------------------------------------------------
* * * * *
(3) * * *
(i) Hold QS in excess of more than the amounts of QS specified in
the following table:
------------------------------------------------------------------------
CDQ CVO/CPO Use Cap in QS
Fishery Units
------------------------------------------------------------------------
(A) 5.0 percent of the initial QS pool 19,400,000
for BBR
------------------------------------------------------------------------
(B) 5.0 percent of the initial QS pool 48,500,000
for BSS
------------------------------------------------------------------------
(C) 5.0 percent of the initial QS pool 9,700,000
for EBT
------------------------------------------------------------------------
(D) 5.0 percent of the initial QS pool 9,700,000
for WBT
------------------------------------------------------------------------
(E) 10.0 percent of the initial QS pool 2,910,000
for PIK
------------------------------------------------------------------------
(F) 10.0 percent of the initial QS pool 2,910,000
for SMB
------------------------------------------------------------------------
(G) 20.0 percent of the initial QS pool 1,940,000
for EAG
------------------------------------------------------------------------
(H) 20.0 percent of the initial QS pool 7,760,000
for WAG
------------------------------------------------------------------------
(I) 20.0 percent of the initial QS pool 11,640,000
for WAI
------------------------------------------------------------------------
* * * * *
(4) * * *
(i) Hold QS in excess of the amounts specified in the following
table:
------------------------------------------------------------------------
Fishery CVO/CPO Use Cap in QS Units
------------------------------------------------------------------------
(A) 5.0 percent of the initial QS pool 19,400,000
for BBR
------------------------------------------------------------------------
(B) 5.0 percent of the initial QS pool 48,500,000
for BSS
------------------------------------------------------------------------
(C) 5.0 percent of the initial QS pool 9,700,000
for EBT
------------------------------------------------------------------------
(D) 5.0 percent of the initial QS pool 9,700,000
for WBT
------------------------------------------------------------------------
(E) 5.0 percent of the initial QS pool 1,455,000
for PIK
------------------------------------------------------------------------
[[Page 14157]]
(F) 5.0 percent of the initial QS pool 1,455,000
for SMB
------------------------------------------------------------------------
(G) 5.0 percent of the initial QS pool 485,000
for EAG
------------------------------------------------------------------------
(H) 5.0 percent of the initial QS pool 1,940,000
for WAG
------------------------------------------------------------------------
(I) 5.0 percent of the initial QS pool 2,910,000
for WAI
------------------------------------------------------------------------
* * * * *
(c) Vessel limitations. (1) Except for vessels that participate
solely in a crab harvesting cooperative as described under Sec. 680.21
and under the provisions described in paragraph (c)(4) of this section,
no vessel may be used to harvest CVO or CPO IFQ in excess of the
following percentages of the TAC for that crab QS fishery for that crab
fishing year:
(i) 2.0 percent for BSS;
(ii) 2.0 percent for BBR;
(iii) 2.0 percent for EBT;
(iv) 2.0 percent for WBT
(v) 4.0 percent for PIK;
(vi) 4.0 percent for SMB;
(vii) 20.0 percent for EAG;
(viii) 20.0 percent for WAG; or
(ix) 20.0 percent for the WAI crab QS fishery west of 179[deg] W.
long.
* * * * *
6. Revise Table 1 to part 680 to read as follows:
Table 1 to Part 680--Crab Rationalization (CR) Fisheries
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fishery Code CR Fishery Geographic Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
BBR Bristol Bay red king crab (Paralithodes In waters of the EEZ with:
camtshaticus) (1) A northern boundary of 58[deg]30' N. lat.,
(2) A southern boundary of 54[deg]36' N. lat., and
(3) A western boundary of 168[deg] W. long. and including all
waters of Bristol Bay.
--------------------------------------------------------------------------------------------------------------------------------------------------------
BSS Bering Sea Snow crab (Chionoecetes opilio) In waters of the EEZ with:
(1) A northern and western boundary of the Maritime Boundary
Agreement Line as that line is described in the text of and
depicted in the annex to the Maritime Boundary Agreement
between the United States and the Union of Soviet Socialist
Republics signed in Washington, June 1, 1990, and as the
Maritime Boundary Agreement Line as depicted on NOAA Chart
No. 513 (6th edition, February 23, 1991) and NOAA Chart No.
514 (6th edition, February 16, 1991), and
(2) A southern boundary of 54[deg]30' N. lat. to 171[deg] W.
long., and then south to 54[deg]36' N. lat.
--------------------------------------------------------------------------------------------------------------------------------------------------------
EAG Eastern Aleutian Islands golden king crab In waters of the EEZ with:
(Lithodes aequispinus) (1) An eastern boundary the longitude of Scotch Cap Light
(164[deg]44' W. long.) to 53[deg]30' N. lat., then West to
165[deg] W. long.,
(2) A western boundary of 174[deg] W. long., and
(3) A northern boundary of a line from the latitude of Cape
Sarichef (54[deg]36' N. lat.) westward to 171[deg] W. long.,
then north to 55[deg]30' N. lat., then west to 174[deg] W.
long.
--------------------------------------------------------------------------------------------------------------------------------------------------------
EBT Eastern Bering Sea Tanner crab (Chionoecetes In waters of the EEZ with:
bairdi) (1) A western boundary the longitude of 166[deg] W. long.,
(2) A northern boundary of the Maritime Boundary Agreement
Line as that line is described in the text of and depicted in
the annex to the Maritime Boundary Agreement between the
United States and the Union of Soviet Socialist Republics
signed in Washington, June 1, 1990, and as the Maritime
Boundary Agreement Line as depicted on NOAA Chart No. 513
(6th edition, February 23, 1991) and NOAA Chart No. 514 (6th
edition, February 16, 1991), and
(3) A southern boundary of 54[deg]30'N. lat.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 14158]]
PIK Pribilof red king and blue king crab In waters of the EEZ with:
(Paralithodes camtshaticus and P. platypus) (1) A northern boundary of 58[deg]30' N. lat.,
(2) An eastern boundary of 168[deg] W. long., and
(3) A southern boundary line from 54[deg]36' N. lat., 168[deg]
W. long., to 54[deg]36' N. lat., 171[deg] W. long., to
55[deg]30' N. lat., 171[deg] W. long., to 55[deg]30' N. lat.,
173[deg]30' E. lat., and then westward to the Maritime
Boundary Agreement Line as that line is described in the text
of and depicted in the annex to the Maritime Boundary
Agreement between the United States and the Union of Soviet
Socialist Republics signed in Washington, June 1, 1990, and
as the Maritime Boundary Agreement Line as depicted on NOAA
Chart No. 513 (6th edition, February 23, 1991) and NOAA Chart
No. 514 (6th edition, February 16, 1991).
--------------------------------------------------------------------------------------------------------------------------------------------------------
SMB St. Matthew blue king crab (Paralithodes In waters of the EEZ with:
platypus) (1) A northern boundary of 62[deg] N. lat.,
(2) A southern boundary of 58[deg]30' N. lat., and
(3) A western boundary of the Maritime Boundary Agreement Line
as that line is described in the text of and depicted in the
annex to the Maritime Boundary Agreement between the United
States and the Union of Soviet Socialist Republics signed in
Washington, June 1, 1990, and as the Maritime Boundary
Agreement Line as depicted on NOAA Chart No. 513 (6th
edition, February 23, 1991) and NOAA Chart No. 514 (6th
edition, February 16, 1991).
--------------------------------------------------------------------------------------------------------------------------------------------------------
WAG Western Aleutian Islands golden king crab In waters of the EEZ with:
(Lithodes aequispinus) (1) An eastern boundary the longitude 174[deg] W. long.,
(2) A western boundary the Maritime Boundary Agreement Line as
that line is described in the text of and depicted in the
annex to the Maritime Boundary Agreement between the United
States and the Union of Soviet Socialist Republics signed in
Washington, June 1, 1990, and as the Maritime Boundary
Agreement Line as depicted on NOAA Chart No. 513 (6th
edition, February 23, 1991) and NOAA Chart No. 514 (6th
edition, February 16, 1991), and
(3) A northern boundary of a line from the latitude of
55[deg]30' N. lat., then west to the U.S.-Russian Convention
line of 1867.
--------------------------------------------------------------------------------------------------------------------------------------------------------
WAI Western Aleutian Islands red king crab In waters of the EEZ with:
(Paralithodes camtshaticus) (1) An eastern boundary the longitude 179[deg] W. long.,
(2) A western boundary of the Maritime Boundary Agreement Line
as that line is described in the text of and depicted in the
annex to the Maritime Boundary Agreement between the United
States and the Union of Soviet Socialist Republics signed in
Washington, June 1, 1990, and as the Maritime Boundary
Agreement Line as depicted on NOAA Chart No. 513 (6th
edition, February 23, 1991) and NOAA Chart No. 514 (6th
edition, February 16, 1991), and
(3) A northern boundary of a line from the latitude of
55[deg]30' N. lat., then west to the Maritime Boundary
Agreement Line as that line is described in the text of and
depicted in the annex to the Maritime Boundary Agreement
between the United States and the Union of Soviet Socialist
Republics signed in Washington, June 1, 1990, and as the
Maritime Boundary Agreement Line as depicted on NOAA Chart
No. 513 (6th edition, February 23, 1991) and NOAA Chart No.
514 (6th edition, February 16, 1991).
WBT Western Bering Sea Tanner crab (Chionoecetes In waters of the EEZ with:
bairdi) (1) An eastern boundary the longitude of 166[deg] W. long.,
(2) A northern and western boundary of the Maritime Boundary
Agreement Line as that line is described in the text of and
depicted in the annex to the Maritime Boundary Agreement
between the United States and the Union of Soviet Socialist
Republics signed in Washington, June 1, 1990, and as the
Maritime Boundary Agreement Line as depicted on NOAA Chart
No. 513 (6th edition, February 23, 1991) and NOAA Chart No.
514 (6th edition, February 16, 1991), and
(3) A southern boundary of 54[deg]30' N. lat. to 171[deg] W.
long., and then south to 54[deg]36' N. lat.
--------------------------------------------------------------------------------------------------------------------------------------------------------
7. Revise Tables 7, 8, and 9 to part 680 to read as follows:
[[Page 14159]]
Table 7 to Part 680--Initial Issuance of Crab QS by Crab QS Fishery
----------------------------------------------------------------------------------------------------------------
Column C: Column D: Recent
Column B: Eligibility Years Participation Column E: Subset
Column A: Crab QS Fisheries Qualifying Years for CVC and CPC Seasons for CVC and of Qualifying
for QS QS CPC QS Years
----------------------------------------------------------------------------------------------------------------
For each crab QS fishery the QS for any In addition, each In addition, each The maximum
Regional Administrator shall qualified person person receiving person receiving number of
calculate (see Sec. based on that CVC and CPC QS CVC or CPC QS, qualifying years
680.40(c)(2): person's total must have made must have made at that can be used
legal landings at least one least one landing, to calculate QS
of crab in each landing per as recorded on a for each QS
of the crab QS year, as State of Alaska fishery is:
fisheries for recorded on a fish ticket, in at
any: State of Alaska least 2 of the
fish ticket, in last 3 fishing
any three years seasons in each of
during the base the crab QS
period described fisheries as those
below: seasons are
described below:
----------------------------------------------------------------------------------------------------------------
1. Bristol Bay red king crab (BBR) 4 years of the 5- 3 years of the 5- (1) October 15-20, 4 years
year QS base year QS base 1999.
period beginning period beginning (2) October 16-20,
on: on: 2000.
(1) November 1-5, (1) November 1-5, (3) October 15-18,
1996; 1996; 2001.
(2) November 1-5, (2) November 1-5,
1997; 1997;
(3) November 1-6, (3) November 1-6,
1998; 1998;
(4) October 15- (4) October 15-0,
20, 1999; 1999;
(5) October 16- (5) October 16-
20, 2000. 20, 2000.
----------------------------------------------------------------------------------------------------------------
2. Bering Sea snow crab (BSS) 4 years of the 5- 3 years of the 5- (1) April 1-8, 4 years
year period year period 2000.
beginning on: beginning on: (2) January 15,
(1) January 15, (1) January 15, 2001 through
1996 through 1996 through February 14, 2001.
February 29, February 29, (3) January 15,
1996; 1996; 2002 through
(2) January 15, (2) January 15, February 8, 2002.
1997 through 1997 through
March 21, 1997; March 21, 1997;
(3) January 15, (3) January 15,
1998 through 1998 through
March 20, 1998; March 20, 1998;
(4) January 15, (4) January 15,
1999 through 1999 through
March 22, 1999; March 22, 1999;
(5) April 1-8, (5) April 1-8,
2000. 2000.
----------------------------------------------------------------------------------------------------------------
[[Page 14160]]
3. Eastern Aleutian Islands golden 5 years of the 5- 3 years of the 5- (1) September 1 5 years
king crab (EAG) year base period year base period 1999 through
beginning on: beginning on: October 25, 1999.
(1) September 1, (1) September 1, (2) August 15, 2000
1996 through 1996 through through September
December 25, December 25, 24, 2000.
1996; 1996; (3) August 15, 2001
(2) September 1, (2) September 1, through September
1997 though 1997 though 10, 2001.
November 24, November 24,
1997; 1997;
(3) September 1, (3) September 1,
1998 through 1998 through
November 7, November 7,
1998; 1998;
(4) September 1, (4) September 1,
1999 through 1999 through
October 25, October 25,
1999; 1999;
(5) August 15, (5) August 15,
2000 through 2000 through
September 24, September 25,
2000. 2000.
----------------------------------------------------------------------------------------------------------------
4. Eastern Bering Sea Tanner crab 4 of the 6 3 of the 6 In any 2 of the 4 years
(EBT) seasons seasons last 3 seasons
beginning on: beginning on: prior to June 10,
(1) November 15, (1) November 15, 2002 in the
1991 through 1991 through Eastern Aleutian
March 31, 1992; March 31, 1992; Island golden
(2) November 15, (2) November 15, (brown) king crab,
1992 through 1992 through Western Aleutian
March 31, 1993; March 31, 1993; Island golden
(3) November 1- (3) November 1- (brown) king crab,
10, 1993, and 10, 1993, and Bering Sea snow
November 20, November 20, crab, or Bristol
1993 through 1993 through Bay red king crab
January 1, 1994; January 1, 1994; fisheries.
(4) November 1- (4) November 1-
21, 1994; 21, 1994;
(5) November 1- (5) November 1-
16, 1995; 16, 1995;
(6) November 1-5, (6) November 1-5,
1996 and 1996 and
November 15-27, November 15-27,
1996. 1996.
----------------------------------------------------------------------------------------------------------------
5. Pribilof red king and blue king 4 years of the 5- 3 years of the 5- In any 2 of the 4 years
crab (PIK) year period year period last 3 seasons
beginning on: beginning on: prior to June 10,
(1) September 15- (1) September 15- 2002 in the
21, 1994; 21, 1994; Eastern Aleutian
(2) September 15- (2) September 15- Island golden
22, 1995; 22, 1995; (brown) king crab,
(3) September 15- (3) September 15- Western Aleutian
26, 1996; 26, 1996; Island golden
(4) September 15- (4) September 15- (brown) king crab,
29, 1997; 29, 1997; Bering Sea snow
(5) September 1- (5) September 15- crab, or Bristol
28, 1998. 28, 1998. Bay red king crab
fisheries, except
that persons
applying for an
allocation to
receive QS based
on legal landings
made aboard a
vessel less than
60 feet (18.3 m)
LOA at the time of
harvest are exempt
from this
requirement.
----------------------------------------------------------------------------------------------------------------
[[Page 14161]]
6. St. Matthew blue king crab 4 years of the 5- 3 years of the 5- In any 2 of the 4 years
(SMB) year period year period last 3 seasons
beginning on: beginning on: prior to June 10,
(1) September 15- (1) September 15- 2002 in the
22, 1994; 22, 1994; Eastern Aleutian
(2) September 15- (2) September 15- Island golden
20, 1995; 20, 1995; (brown) king crab,
(3) September 15- (3) September 15- Western Aleutian
23, 1996; 23, 1996; Island golden
(4) September 15- (4) September 15- (brown) king crab,
22, 1997; 22, 1997; and Bering Sea snow
(5) September 15- (5) September 15- crab, or Bristol
26, 1998. 26, 1998. Bay red king crab
fisheries.
----------------------------------------------------------------------------------------------------------------
7. Western Aleutian Islands brown 5 of the 5 3 of the 5 (1) September 1, 5 years
king crab (WAG) seasons seasons 1999 through
beginning on: beginning on: August 14, 2000.
(1) September 1, (1) September 1, (2) August 15, 2000
1996 through 1996 through through March 28,
August 31, 1997; August 31, 1997; 2001.
(2) September 1, (2) September 1, (3) August 15 2001
1997 though 1997 though through March 30,
August 21, 1998; August 31, 1998; 2002.
(3) September 1, (3) September 1,
1998 through 1998 through
August 31, 1999; August 31, 1999;
(4) September 1, (4) September 1,
1999 through 1999 through
August 14, 2000; August 14, 2000;
(5) August 15, (5) August 15,
2000 through 2000 through
March 28, 2001. March 28, 2001.
----------------------------------------------------------------------------------------------------------------
8. Western Aleutian Islands red 3 of the 4 3 of the 4 In any 2 of the 3 years
king crab (WAI) seasons seasons last 3 seasons
beginning on: beginning on: prior to June 10,
(1) November 1, (1) November 1, 2002 in the
1992 through 1992 through Eastern Aleutian
January 15, January 15, Island golden
1993; 1993; (brown) king crab,
(2) November 1, (2) November 1, Western Aleutian
1993 through 1993 through Island golden
February 15, February 15, (brown) king crab,
1994; 1994; Bering Sea snow
(3) November 1- (3) November 1- crab, or Bristol
28, 1994; 28, 1994; Bay red king crab
(4) November 1, (4) November 1, fisheries.
1995 through 1995 through
February 13, February 13,
1996. 1996.
----------------------------------------------------------------------------------------------------------------
[[Page 14162]]
9. Western Bering Sea Tanner crab 4 of the 6 3 of the 6 In any 2 of the 4 years
(WBT) seasons seasons last 3 seasons
beginning on: beginning on: prior to June 10,
(1) November 15, (1) November 15, 2002 in the
1991 through 1991 through Eastern Aleutian
March 31, 1992; March 31, 1992; Island golden
(2) November 15, (2) November 15, (brown) king crab,
1992 through 1992 through Western Aleutian
March 31, 1993; March 31, 1993; Island golden
(3) November 1- (3) November 1- (brown) king crab,
10, 1993, and 10, 1993, and Bering Sea snow
November 20, November 20, crab, or Bristol
1993 through 1993 through Bay red king crab
January 1, 1994; January 1, 1994; fisheries.
(4) November 1- (4) November 1-
21, 1994; 21, 1994;
(5) November 1- (5) November 1-
16, 1995; 16, 1995;
(6) November 1-5, (6) November 1-5,
1996 and 1996 and
November 15-27, November 15-27,
1996. 1996.
----------------------------------------------------------------------------------------------------------------
Table 8 to Part 680--Initial QS and PQS Pool for Each Crab QS Fishery
------------------------------------------------------------------------
Crab QS Fishery Initial QS Pool Initial PQS Pool
------------------------------------------------------------------------
BBR [dash] Bristol Bay red king 400,000,000 400,000,000
crab
------------------------------------------------------------------------
BSS [dash] Bering Sea snow crab 1,000,000,000 1,000,000,000
C. opilio
------------------------------------------------------------------------
EAG [dash] Eastern Aleutian 10,000,000 10,000,000
Islands golden king crab
------------------------------------------------------------------------
EBT [dash] Eastern Bering Sea 200,000,000 200,000,000
Tanner crab (C. bairdi)
------------------------------------------------------------------------
PIK [dash] Pribilof Islands red 30,000,000 30,000,000
and blue king crab
------------------------------------------------------------------------
SMB [dash] St. Matthew blue 30,000,000 30,000,000
king crab
------------------------------------------------------------------------
WAG [dash] Western Aleutian 40,000,000 40,000,000
Islands golden king crab
------------------------------------------------------------------------
WAI [dash] Western Aleutian 60,000,000 60,000,000
Islands red king crab
----------------------------------------------------