Fisheries of the Exclusive Economic Zone Off Alaska; Recordkeeping and Reporting; Tagged Pacific Halibut and Tagged Sablefish, 36489-36492 [E6-10111]
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Federal Register / Vol. 71, No. 123 / Tuesday, June 27, 2006 / Rules and Regulations
CAA. This final rule also is not subject
to Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the CAA. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This final rule does not impose
an information collection burden under
the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
36489
Dated: June 19, 2006.
William W. Rice,
Acting Regional Administrator, Region 7.
Chapter I, Title 40 of the Code of
Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
1. The authority citation for Part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
2. In § 52.1320(c) the table is amended
under Chapter 6 by revising the entry
for ‘‘10–6.060’’ to read as follows:
I
§ 52.1320
*
Identification of plan.
*
*
(c) * * *
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*
EPA-APPROVED MISSOURI REGULATIONS
Missouri citation
State effective
date
Title
EPA approval
date
Explanation
Missouri Department of Natural Resources
*
*
*
*
*
*
*
Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
10–6.060 ..........
*
*
Construction Permits Required.
*
*
*
*
*
*
12/30/2004
*
*
*
*
*
*
6/27/2006 .................. This revision incorporates by reference elements of
EPA’s NSR reform rule published December 31,
2002. Provisions of the incorporated reform rule relating to the Clean Unit Exemption, Pollution Control
Projects, and exemption from record keeping provisions for certain sources using the actual-to-projected-actual emissions projections test are not SIP
approved. This revision also incorporates by reference the other provisions of 40 CFR 52.21 as in
effect on July 1, 2003, which supersedes any conflicting provisions in the Missouri rule. Section 9,
pertaining to hazardous air pollutants, is not SIP approved.
*
*
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BILLING CODE 6560–50–P
National Oceanic and Atmospheric
Administration
SUMMARY: NMFS issues a final rule to
exclude tagged halibut and tagged
sablefish catches from deduction from
fishermen’s Individual Fishing Quota
(IFQ) and from Western Alaska
Community Development Quota (CDQ)
accounts. This action is necessary to
ensure that only halibut and sablefish
that are tagged with an external research
tag are excluded from IFQ deduction,
and to extend the same exclusion to
halibut and sablefish harvested under
the CDQ Program. This action is
intended to improve administration of
the IFQ and CDQ Programs, to enhance
collection of scientific data from
external tags, and to further the goals
[Docket No. 040610180–6173–03; I.D.
030806A]
RIN 0648–AR09
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Final rule.
ACTION:
50 CFR Part 679
Fisheries of the Exclusive Economic
Zone Off Alaska; Recordkeeping and
Reporting; Tagged Pacific Halibut and
Tagged Sablefish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
16:03 Jun 26, 2006
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DEPARTMENT OF COMMERCE
[FR Doc. 06–5713 Filed 6–26–06; 8:45 am]
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36490
Federal Register / Vol. 71, No. 123 / Tuesday, June 27, 2006 / Rules and Regulations
and objectives of the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (BSAI), the Fishery
Management Plan for Groundfish of the
Gulf of Alaska (FMPs), and the halibut
management program.
DATES: Effective July 27, 2006.
ADDRESSES: Copies of the Categorical
Exclusion, the Regulatory Impact
Review, and Final Regulatory Flexibility
Analysis (FRFA) prepared for this action
are available from: NMFS, Alaska
Region, P.O. Box 21668, Juneau, AK
99802–1668, Attn: Ellen Walsh, Records
Officer; NMFS, Alaska Region, 709 West
9th Street, Room 420A, Juneau, AK; or
the NMFS Alaska Region Web site at
https://www.fakr.noaa.gov.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted to NMFS at the
mailing address above and by e-mail to
DavidlRostker@omb.eop.gov, or fax to
202–395–7285.
FOR FURTHER INFORMATION CONTACT:
Becky Carls, 907–586–7228 or
becky.carls@noaa.gov.
SUPPLEMENTARY INFORMATION: The
groundfish fisheries in the exclusive
economic zone of the BSAI and the Gulf
of Alaska are managed by NMFS under
the FMPs for these areas. The FMPs
were prepared by the North Pacific
Fishery Management Council (Council)
under the Magnuson-Stevens Fishery
Conservation and Management Act, 16
U.S.C. 1801 et seq. Regulations
governing U.S. fisheries and
implementing the FMPs appear at 50
CFR parts 600 and 679.
Management of the Pacific halibut
fisheries in and off Alaska is governed
by an international agreement between
Canada and the United States. This
agreement, entitled the ‘‘Convention
Between the United States of America
and Canada for the Preservation of the
Halibut Fishery of the Northern Pacific
Ocean and Bering Sea’’ (Convention),
was signed at Ottawa, Canada, on March
2, 1953, and was amended by the
‘‘Protocol Amending the Convention,’’
signed at Washington, D.C., March 29,
1979. The Convention is implemented
in the United States by the Northern
Pacific Halibut Act of 1982 (Halibut
Act). The directed commercial Pacific
halibut fishery in Alaska is managed
under an IFQ Program, as is the fixed
gear sablefish fishery. The IFQ Program
is a limited access management system.
Both species are also a part of the
annual apportionment under the CDQ
Program. These programs are codified at
50 CFR part 679.
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The International Pacific Halibut
Commission (IPHC) develops halibut
fishery management regulations
pursuant to the Convention and submits
those regulations to the U.S. Secretary of
State for approval. NMFS publishes
approved IPHC regulations in the
Federal Register as annual management
measures pursuant to 50 CFR 300.62.
NMFS published the IPHC’s current
annual management measures on March
3, 2006, at 71 FR 10850. The Halibut Act
also authorizes the Council to develop
Pacific halibut fishery regulations in
and off Alaska that are in addition to,
but not in conflict with, the approved
IPHC regulations (Halibut Act, section
773c(c)). Regulations developed by the
Council pursuant to the Halibut Act are
implemented only with the approval of
the U.S. Secretary of Commerce.
Background and Need for Action
The background and need for this
action were described in the preamble
to the proposed rule published in the
Federal Register on March 29, 2006 (71
FR 15687). In summary, this final rule
will eliminate an inconsistency between
Federal and IPHC regulations, and will
include the CDQ Program in the
exemption from quota deduction of
halibut and sablefish tagged with
external research tags.
IPHC regulations at section 21(3)
require externally tagged halibut and
sablefish harvested in commercial
fisheries to count against Individual
Vessel Quotas (used in Canada), CDQs,
IFQs, or daily bag or possession limits
‘‘unless otherwise exempted by state,
provincial, or federal regulations.’’
Federal regulations at 50 CFR 679.40(g)
exempt any tagged halibut and sablefish
landed in Federal commercial IFQ
fisheries from counting against a
person’s IFQ. The regulatory language
currently included in the Federal
exemption is inconsistent with that in
the IPHC regulations because it does not
specifically identify ‘‘external’’ tags for
halibut. This Federal regulatory text was
written when only external tags were
used on Pacific halibut and sablefish.
Now, various types of internal and
external tags are used to identify these
fish for scientific purposes.
This action will amend Federal
regulations so only halibut and sablefish
that are ‘‘externally’’ tagged may be
excluded from quota deduction. This
regulatory change will eliminate the
potential for ambiguity and confusion
over the exemption status of these fish.
Also, extension of the exemption to the
CDQ fisheries will provide an incentive
for fishermen operating in these
programs to return tags.
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Regulatory Amendments
In § 679.40, paragraph (g) is amended
by removing ‘‘Tagged’’ and adding in its
place ‘‘External research tags for.’’ This
action specifies that only halibut or
sablefish bearing an external research
tag issued by any state, Federal, or
international agency, are excluded from
quota program deduction.
In § 679.40 paragraph (g)(1), the
phrase ‘‘a research tag’’ is revised to
read ‘‘an external research tag’’ to
ensure that only halibut and sablefish
bearing external research tags are
exempt from quota deduction.
Paragraph (g)(1)(i) is amended by
removing ‘‘pursuant to 50 CFR 300.18’’
and adding in its place ‘‘pursuant to
§ 300.62 of this title and to this part
679.’’ The reference to ‘‘50 CFR 300.18’’
is an artifact from when the IPHC
regulations for annual management
measures were codified in the CFR
(Code of Federal Regulations). NMFS
annually publishes the IPHC regulations
as annual management measures in the
Federal Register, but now does not
codify them in the CFR.
Paragraph (g)(1)(ii) is revised to
require fishermen to comply with all
sablefish regulations at 50 CFR part 679
in addition to turning in a tagged
sablefish.
Paragraph (g)(2) is amended by
removing ‘‘Tagged halibut and
sablefish’’ and adding in its place
‘‘Halibut and sablefish bearing an
external research tag from any state,
Federal, or international agency.’’ In
addition a reference to 50 CFR 679.5(l)
is added concerning the recordkeeping
and reporting requirements for the IFQ
Program. Language specifying which
quotas will not be debited by harvest of
externally tagged halibut or sablefish is
broken out into two separate paragraphs
(g)(2)(i) and (g)(2)(ii). The first addresses
halibut IFQ and sablefish IFQ, while the
second addresses halibut CDQ and
sablefish CDQ.
Additional language is added to
paragraphs (g)(1) and (g)(2) to improve
the clarity of the regulations.
Response to Comments
The proposed rule for this action was
published in the Federal Register on
March 29, 2006 (71 FR 15687). NMFS
received no public comments on the
proposed rule.
Changes From the Proposed Rule
No changes are made in this final rule
from the proposed rule.
Classification
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
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Federal Register / Vol. 71, No. 123 / Tuesday, June 27, 2006 / Rules and Regulations
A FRFA was prepared for this action.
The FRFA includes a summary of the
significant issues raised by the public
comments in response to the initial
regulatory flexibility analysis (IRFA),
NMFS’s responses to those comments,
and a summary of the analyses
completed to support the action. The
need for and objectives of this action are
contained at the beginning of the
preamble and in the SUMMARY section
of the preamble. The legal basis for this
action also is contained in the preamble.
No public comments were received in
response to the IRFA or on the
economic effects of the rule. A summary
of the FRFA follows. A copy of this
analysis is available from NMFS (see
ADDRESSES).
The entities that will be directly
regulated by this action are the Western
Alaska CDQ groups that annually
receive halibut and sablefish quota, and
those entities harvesting halibut and/or
sablefish under the IFQ and CDQ
Programs. There were six Western
Alaska CDQ groups in 2004. Each of
these groups is organized as a not-forprofit entity, and none is dominant in
its field, thus, each group is considered
to be a directly regulated small entity.
In 2004, 1,524 unique vessels
harvested halibut and/or sablefish. A
total of 1,304 unique vessels were used
to harvest IFQ halibut, 199 to harvest
CDQ halibut, and 1,489 to harvest IFQ
halibut and/or CDQ halibut (i.e., 14
harvested both). A total of 396 unique
vessels were used to harvest IFQ
sablefish, 18 to harvest CDQ sablefish,
and 403 to harvest IFQ and/or CDQ
sablefish (i.e., 11 harvested both).
Contractual arrangements, ownership
information, and any resulting
affiliations between such parties are not
well documented and are not currently
available to agency analysts. Though
affiliation status for these entities is not
known, vessel operations are believed to
be small entities and will be treated as
such for the purposes of this action.
This regulation does not impose new
recordkeeping or reporting requirements
on directly regulated small entities.
Small entities targeting halibut and/or
sablefish under the IFQ or CDQ Program
may choose to ignore external research
tags, and are not under any obligation to
report them. However, if these small
entities wish to avail themselves of the
benefits this regulation imparts, they
must report the presence of external
research tags to IPHC port samplers, to
the IPHC directly, to the Alaska
Department of Fish and Game, or to
NMFS as appropriate.
This action will amend regulations to
provide that only halibut or sablefish
that are externally tagged with research
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tags are exempt from deduction from
IFQ or CDQ accounts. The exemption is
believed to provide an economic
incentive for fishermen to take the
additional time to notify fishery
managers about the tags and about the
tagged fish they encounter during their
fishing operations. This information is
important for the conservation and
management of the halibut and sablefish
fisheries.
This regulation appears to impose no
costs on directly regulated small
entities. IFQ fishermen currently
voluntarily bear the small burden of
collecting and returning tags. Fishermen
in the IFQ halibut and IFQ sablefish
fisheries are accustomed to exemptions
for delivery of externally tagged fish,
and will continue to enjoy this benefit,
if they so choose. CDQ groups
harvesting CDQ halibut and CDQ
sablefish now also will have the
opportunity to benefit from this
exemption. CDQ groups will not be
required to return tags, so no costs will
be imposed on them. Overall, this action
will have no known adverse impacts on
the profitability or competitiveness of
small, directly regulated entities.
A FRFA should contain ‘‘a
description of the steps the agency has
taken to minimize the significant
economic impact on small entities
consistent with the stated objectives of
applicable statutes, including a
statement of the factual, policy, and
legal reasons for selecting the alternative
adopted in the final rule and why each
one of the other significant alternatives
to the rule considered by the agency
which affect the impact on small
entities was rejected.’’
As stated above, this regulation
appears to impose no adverse economic
impacts on directly regulated small
entities. Therefore, no steps were taken
to minimize the effects of this regulatory
action on small entities.
This action was selected because it
best accomplishes the objectives of
eliminating an inconsistency between
Federal and IPHC regulations, and
expanding the exemption from quota
deduction of halibut and sablefish
tagged with external research tags to the
CDQ Program.
The no action alternative would have
no direct impact on small entities.
Under this alternative the regulations
would not be changed to eliminate the
inconsistency between IPHC and
Federal regulations, nor would CDQ
groups be eligible for exemptions from
quota deduction for halibut or sablefish
tagged with external tags issued by any
state, Federal, or international agency.
Therefore, the no action alternative
would not meet the objectives of this
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36491
action (i.e., to eliminate inconsistency
in the regulations and to extend the
exemption from quota deduction to the
CDQ groups).
An alternative that would leave the
CDQ Program fisheries out of this action
was considered but was rejected. This
alternative would not encourage all
fishermen that harvest halibut and
sablefish in quota-share fisheries to
return tagged fish. This alternative,
therefore, would not meet the objectives
of this action.
This rule contains a collection-ofinformation requirement subject to the
Paperwork Reduction Act (PRA) and
which has been approved by the Office
of Management and Budget under
Control Number 0648–0276. Public
reporting burden for tag information is
estimated to average five minutes per
response, including the time for
reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information. Send comments
regarding this burden estimate, or any
other aspect of this data collection,
including suggestions for reducing the
burden, to NMFS (see ADDRESSEES) and
by e-mail to
DavidlRostker@omb.eop.gov, or fax to
202–395–7285.
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules.
NMFS will post a small entity
compliance guide on the Internet at
https://www.fakr.noaa.gov/index/frules/
frules.asp?Yr=2006. The guide and this
final rule will be available upon request
(see ADDRESSES).
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and
reporting requirements.
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Federal Register / Vol. 71, No. 123 / Tuesday, June 27, 2006 / Rules and Regulations
Dated: June 21, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
§ 679.40
For the reasons set out in the
preamble, 50 CFR part 679 is amended
as follows:
I
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
1. The authority citation for part 679
continues to read as follows:
I
Authority: 16 U.S.C. 773 et seq.; 1540(f);
1801 et seq.; 1851 note; 3631 et seq.
2. In § 679.40, paragraph (g) is revised
to read as follows:
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Sablefish and halibut QS.
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(g) External research tags for halibut
and sablefish. (1) Nothing contained in
this part 679 shall prohibit any person
at any time from retaining and landing
a Pacific halibut or sablefish that bears
at the time of capture an external
research tag from any state, Federal, or
international agency, provided that the
halibut or sablefish is one of the
following:
(i) A Pacific halibut landed pursuant
to § 300.62 of this title and to this part
679; or
(ii) A sablefish landed in accordance
with the Tagged Groundfish Research
Program, and in compliance with all
sablefish requirements of this part 679.
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(2) Halibut and sablefish bearing an
external research tag from any state,
Federal, or international agency, landed
pursuant to paragraph (g)(1)(i) or
(g)(1)(ii) of this section, and in
accordance with § 679.5(l), shall be
excluded from IFQ or CDQ deduction as
follows:
(i) The fish shall not be calculated as
part of a person’s IFQ harvest of halibut
or sablefish and shall not be debited
against a person’s halibut IFQ or a
person’s sablefish IFQ; or
(ii) The fish shall not be calculated as
part of the CDQ harvest of halibut or
sablefish and shall not be debited
against a CDQ group’s halibut CDQ or a
CDQ group’s sablefish CDQ.
[FR Doc. E6–10111 Filed 6–26–06; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 71, Number 123 (Tuesday, June 27, 2006)]
[Rules and Regulations]
[Pages 36489-36492]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10111]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 040610180-6173-03; I.D. 030806A]
RIN 0648-AR09
Fisheries of the Exclusive Economic Zone Off Alaska;
Recordkeeping and Reporting; Tagged Pacific Halibut and Tagged
Sablefish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues a final rule to exclude tagged halibut and tagged
sablefish catches from deduction from fishermen's Individual Fishing
Quota (IFQ) and from Western Alaska Community Development Quota (CDQ)
accounts. This action is necessary to ensure that only halibut and
sablefish that are tagged with an external research tag are excluded
from IFQ deduction, and to extend the same exclusion to halibut and
sablefish harvested under the CDQ Program. This action is intended to
improve administration of the IFQ and CDQ Programs, to enhance
collection of scientific data from external tags, and to further the
goals
[[Page 36490]]
and objectives of the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (BSAI), the Fishery
Management Plan for Groundfish of the Gulf of Alaska (FMPs), and the
halibut management program.
DATES: Effective July 27, 2006.
ADDRESSES: Copies of the Categorical Exclusion, the Regulatory Impact
Review, and Final Regulatory Flexibility Analysis (FRFA) prepared for
this action are available from: NMFS, Alaska Region, P.O. Box 21668,
Juneau, AK 99802-1668, Attn: Ellen Walsh, Records Officer; NMFS, Alaska
Region, 709 West 9th Street, Room 420A, Juneau, AK; or the NMFS Alaska
Region Web site at https://www.fakr.noaa.gov.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted to NMFS at the mailing address above and by
e-mail to David--Rostker@omb.eop.gov, or fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Becky Carls, 907-586-7228 or
becky.carls@noaa.gov.
SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive
economic zone of the BSAI and the Gulf of Alaska are managed by NMFS
under the FMPs for these areas. The FMPs were prepared by the North
Pacific Fishery Management Council (Council) under the Magnuson-Stevens
Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq.
Regulations governing U.S. fisheries and implementing the FMPs appear
at 50 CFR parts 600 and 679.
Management of the Pacific halibut fisheries in and off Alaska is
governed by an international agreement between Canada and the United
States. This agreement, entitled the ``Convention Between the United
States of America and Canada for the Preservation of the Halibut
Fishery of the Northern Pacific Ocean and Bering Sea'' (Convention),
was signed at Ottawa, Canada, on March 2, 1953, and was amended by the
``Protocol Amending the Convention,'' signed at Washington, D.C., March
29, 1979. The Convention is implemented in the United States by the
Northern Pacific Halibut Act of 1982 (Halibut Act). The directed
commercial Pacific halibut fishery in Alaska is managed under an IFQ
Program, as is the fixed gear sablefish fishery. The IFQ Program is a
limited access management system. Both species are also a part of the
annual apportionment under the CDQ Program. These programs are codified
at 50 CFR part 679.
The International Pacific Halibut Commission (IPHC) develops
halibut fishery management regulations pursuant to the Convention and
submits those regulations to the U.S. Secretary of State for approval.
NMFS publishes approved IPHC regulations in the Federal Register as
annual management measures pursuant to 50 CFR 300.62. NMFS published
the IPHC's current annual management measures on March 3, 2006, at 71
FR 10850. The Halibut Act also authorizes the Council to develop
Pacific halibut fishery regulations in and off Alaska that are in
addition to, but not in conflict with, the approved IPHC regulations
(Halibut Act, section 773c(c)). Regulations developed by the Council
pursuant to the Halibut Act are implemented only with the approval of
the U.S. Secretary of Commerce.
Background and Need for Action
The background and need for this action were described in the
preamble to the proposed rule published in the Federal Register on
March 29, 2006 (71 FR 15687). In summary, this final rule will
eliminate an inconsistency between Federal and IPHC regulations, and
will include the CDQ Program in the exemption from quota deduction of
halibut and sablefish tagged with external research tags.
IPHC regulations at section 21(3) require externally tagged halibut
and sablefish harvested in commercial fisheries to count against
Individual Vessel Quotas (used in Canada), CDQs, IFQs, or daily bag or
possession limits ``unless otherwise exempted by state, provincial, or
federal regulations.'' Federal regulations at 50 CFR 679.40(g) exempt
any tagged halibut and sablefish landed in Federal commercial IFQ
fisheries from counting against a person's IFQ. The regulatory language
currently included in the Federal exemption is inconsistent with that
in the IPHC regulations because it does not specifically identify
``external'' tags for halibut. This Federal regulatory text was written
when only external tags were used on Pacific halibut and sablefish.
Now, various types of internal and external tags are used to identify
these fish for scientific purposes.
This action will amend Federal regulations so only halibut and
sablefish that are ``externally'' tagged may be excluded from quota
deduction. This regulatory change will eliminate the potential for
ambiguity and confusion over the exemption status of these fish. Also,
extension of the exemption to the CDQ fisheries will provide an
incentive for fishermen operating in these programs to return tags.
Regulatory Amendments
In Sec. 679.40, paragraph (g) is amended by removing ``Tagged''
and adding in its place ``External research tags for.'' This action
specifies that only halibut or sablefish bearing an external research
tag issued by any state, Federal, or international agency, are excluded
from quota program deduction.
In Sec. 679.40 paragraph (g)(1), the phrase ``a research tag'' is
revised to read ``an external research tag'' to ensure that only
halibut and sablefish bearing external research tags are exempt from
quota deduction.
Paragraph (g)(1)(i) is amended by removing ``pursuant to 50 CFR
300.18'' and adding in its place ``pursuant to Sec. 300.62 of this
title and to this part 679.'' The reference to ``50 CFR 300.18'' is an
artifact from when the IPHC regulations for annual management measures
were codified in the CFR (Code of Federal Regulations). NMFS annually
publishes the IPHC regulations as annual management measures in the
Federal Register, but now does not codify them in the CFR.
Paragraph (g)(1)(ii) is revised to require fishermen to comply with
all sablefish regulations at 50 CFR part 679 in addition to turning in
a tagged sablefish.
Paragraph (g)(2) is amended by removing ``Tagged halibut and
sablefish'' and adding in its place ``Halibut and sablefish bearing an
external research tag from any state, Federal, or international
agency.'' In addition a reference to 50 CFR 679.5(l) is added
concerning the recordkeeping and reporting requirements for the IFQ
Program. Language specifying which quotas will not be debited by
harvest of externally tagged halibut or sablefish is broken out into
two separate paragraphs (g)(2)(i) and (g)(2)(ii). The first addresses
halibut IFQ and sablefish IFQ, while the second addresses halibut CDQ
and sablefish CDQ.
Additional language is added to paragraphs (g)(1) and (g)(2) to
improve the clarity of the regulations.
Response to Comments
The proposed rule for this action was published in the Federal
Register on March 29, 2006 (71 FR 15687). NMFS received no public
comments on the proposed rule.
Changes From the Proposed Rule
No changes are made in this final rule from the proposed rule.
Classification
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
[[Page 36491]]
A FRFA was prepared for this action. The FRFA includes a summary of
the significant issues raised by the public comments in response to the
initial regulatory flexibility analysis (IRFA), NMFS's responses to
those comments, and a summary of the analyses completed to support the
action. The need for and objectives of this action are contained at the
beginning of the preamble and in the SUMMARY section of the preamble.
The legal basis for this action also is contained in the preamble. No
public comments were received in response to the IRFA or on the
economic effects of the rule. A summary of the FRFA follows. A copy of
this analysis is available from NMFS (see ADDRESSES).
The entities that will be directly regulated by this action are the
Western Alaska CDQ groups that annually receive halibut and sablefish
quota, and those entities harvesting halibut and/or sablefish under the
IFQ and CDQ Programs. There were six Western Alaska CDQ groups in 2004.
Each of these groups is organized as a not-for-profit entity, and none
is dominant in its field, thus, each group is considered to be a
directly regulated small entity.
In 2004, 1,524 unique vessels harvested halibut and/or sablefish. A
total of 1,304 unique vessels were used to harvest IFQ halibut, 199 to
harvest CDQ halibut, and 1,489 to harvest IFQ halibut and/or CDQ
halibut (i.e., 14 harvested both). A total of 396 unique vessels were
used to harvest IFQ sablefish, 18 to harvest CDQ sablefish, and 403 to
harvest IFQ and/or CDQ sablefish (i.e., 11 harvested both). Contractual
arrangements, ownership information, and any resulting affiliations
between such parties are not well documented and are not currently
available to agency analysts. Though affiliation status for these
entities is not known, vessel operations are believed to be small
entities and will be treated as such for the purposes of this action.
This regulation does not impose new recordkeeping or reporting
requirements on directly regulated small entities. Small entities
targeting halibut and/or sablefish under the IFQ or CDQ Program may
choose to ignore external research tags, and are not under any
obligation to report them. However, if these small entities wish to
avail themselves of the benefits this regulation imparts, they must
report the presence of external research tags to IPHC port samplers, to
the IPHC directly, to the Alaska Department of Fish and Game, or to
NMFS as appropriate.
This action will amend regulations to provide that only halibut or
sablefish that are externally tagged with research tags are exempt from
deduction from IFQ or CDQ accounts. The exemption is believed to
provide an economic incentive for fishermen to take the additional time
to notify fishery managers about the tags and about the tagged fish
they encounter during their fishing operations. This information is
important for the conservation and management of the halibut and
sablefish fisheries.
This regulation appears to impose no costs on directly regulated
small entities. IFQ fishermen currently voluntarily bear the small
burden of collecting and returning tags. Fishermen in the IFQ halibut
and IFQ sablefish fisheries are accustomed to exemptions for delivery
of externally tagged fish, and will continue to enjoy this benefit, if
they so choose. CDQ groups harvesting CDQ halibut and CDQ sablefish now
also will have the opportunity to benefit from this exemption. CDQ
groups will not be required to return tags, so no costs will be imposed
on them. Overall, this action will have no known adverse impacts on the
profitability or competitiveness of small, directly regulated entities.
A FRFA should contain ``a description of the steps the agency has
taken to minimize the significant economic impact on small entities
consistent with the stated objectives of applicable statutes, including
a statement of the factual, policy, and legal reasons for selecting the
alternative adopted in the final rule and why each one of the other
significant alternatives to the rule considered by the agency which
affect the impact on small entities was rejected.''
As stated above, this regulation appears to impose no adverse
economic impacts on directly regulated small entities. Therefore, no
steps were taken to minimize the effects of this regulatory action on
small entities.
This action was selected because it best accomplishes the
objectives of eliminating an inconsistency between Federal and IPHC
regulations, and expanding the exemption from quota deduction of
halibut and sablefish tagged with external research tags to the CDQ
Program.
The no action alternative would have no direct impact on small
entities. Under this alternative the regulations would not be changed
to eliminate the inconsistency between IPHC and Federal regulations,
nor would CDQ groups be eligible for exemptions from quota deduction
for halibut or sablefish tagged with external tags issued by any state,
Federal, or international agency. Therefore, the no action alternative
would not meet the objectives of this action (i.e., to eliminate
inconsistency in the regulations and to extend the exemption from quota
deduction to the CDQ groups).
An alternative that would leave the CDQ Program fisheries out of
this action was considered but was rejected. This alternative would not
encourage all fishermen that harvest halibut and sablefish in quota-
share fisheries to return tagged fish. This alternative, therefore,
would not meet the objectives of this action.
This rule contains a collection-of-information requirement subject
to the Paperwork Reduction Act (PRA) and which has been approved by the
Office of Management and Budget under Control Number 0648-0276. Public
reporting burden for tag information is estimated to average five
minutes per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Send comments regarding this burden estimate, or any other aspect of
this data collection, including suggestions for reducing the burden, to
NMFS (see ADDRESSEES) and by e-mail to David--Rostker@omb.eop.gov, or
fax to 202-395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules.
NMFS will post a small entity compliance guide on the Internet at
https://www.fakr.noaa.gov/index/frules/frules.asp?Yr=2006. The guide and
this final rule will be available upon request (see ADDRESSES).
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and reporting requirements.
[[Page 36492]]
Dated: June 21, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 679 is amended as
follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for part 679 continues to read as follows:
Authority: 16 U.S.C. 773 et seq.; 1540(f); 1801 et seq.; 1851
note; 3631 et seq.
0
2. In Sec. 679.40, paragraph (g) is revised to read as follows:
Sec. 679.40 Sablefish and halibut QS.
* * * * *
(g) External research tags for halibut and sablefish. (1) Nothing
contained in this part 679 shall prohibit any person at any time from
retaining and landing a Pacific halibut or sablefish that bears at the
time of capture an external research tag from any state, Federal, or
international agency, provided that the halibut or sablefish is one of
the following:
(i) A Pacific halibut landed pursuant to Sec. 300.62 of this title
and to this part 679; or
(ii) A sablefish landed in accordance with the Tagged Groundfish
Research Program, and in compliance with all sablefish requirements of
this part 679.
(2) Halibut and sablefish bearing an external research tag from any
state, Federal, or international agency, landed pursuant to paragraph
(g)(1)(i) or (g)(1)(ii) of this section, and in accordance with Sec.
679.5(l), shall be excluded from IFQ or CDQ deduction as follows:
(i) The fish shall not be calculated as part of a person's IFQ
harvest of halibut or sablefish and shall not be debited against a
person's halibut IFQ or a person's sablefish IFQ; or
(ii) The fish shall not be calculated as part of the CDQ harvest of
halibut or sablefish and shall not be debited against a CDQ group's
halibut CDQ or a CDQ group's sablefish CDQ.
[FR Doc. E6-10111 Filed 6-26-06; 8:45 am]
BILLING CODE 3510-22-S
