Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources, 15118-15119 [E8-5789]
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15118
Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Proposed Rules
§ 648.107 Conservation equivalent
measures for the summer flounder fishery.
(a) The Regional Administrator has
determined that the recreational fishing
measures proposed to be implemented
by Massachusetts through North
Carolina for 2008 are the conservation
equivalent of the season, minimum fish
size, and possession limit prescribed in
§§ 648.102, 648.103, and 648.105(a),
respectively. This determination is
based on a recommendation from the
Summer Flounder Board of the Atlantic
States Marine Fisheries Commission.
*
*
*
*
*
(b) Federally permitted vessels subject
to the recreational fishing measures of
this part, and other recreational fishing
vessels subject to the recreational
fishing measures of this part and
registered in states whose fishery
management measures are not
determined by the Regional
Administrator to be the conservation
equivalent of the season, minimum size,
and possession limit prescribed in
§§ 648.102, 648.103(b) and 648.105(a),
respectively, due to the lack of, or the
reversal of, a conservation equivalent
recommendation from the Summer
Flounder Board of the Atlantic States
Marine Fisheries Commission, shall be
subject to the following precautionary
default measures: Season-July 4 through
September 1; minimum size-20.0 inches
(50.80 cm); and possession limit-two
fish.
6. In § 648.122, paragraph (g) is
revised to read as follows:
§ 648.122
Season and area restrictions.
*
*
*
*
*
(g) Time restrictions. Vessels that are
not eligible for a moratorium permit
under § 648.4(a)(6), and fishermen
subject to the possession limit, may not
possess scup, except from January 1
through the last day of February, and
from October 1 through October 31. This
time period may be adjusted pursuant to
the procedures in § 648.120.
7. In § 648.124, paragraph (b) is
revised to read as follows:
§ 648.124
Minimum fish sizes.
yshivers on PROD1PC62 with PROPOSALS
*
*
*
*
*
(b) The minimum size for scup is 10.5
inches (26.67 cm) TL for all vessels that
do not have a moratorium permit, or for
party and charter vessels that are issued
a moratorium permit but are fishing
with passengers for hire, or carrying
more than three crew members if a
charter boat, or more than five crew
members if a party boat.
*
*
*
*
*
VerDate Aug<31>2005
15:22 Mar 20, 2008
Jkt 214001
8. In § 648.125, the introductory text
of paragraph (a) is revised to read as
follows:
§ 648.125
Possession limit.
(a) No person shall possess more than
15 scup in, or harvested from, the EEZ
unless that person is the owner or
operator of a fishing vessel issued a
scup moratorium permit, or is issued a
scup dealer permit. * * *
*
*
*
*
*
[FR Doc. E8–5785 Filed 3–20–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 680
RIN 0648–AW45
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: Notice of availability of fishery
management plan amendment; request
for comments.
AGENCY:
SUMMARY: Congress amended the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) to require the
Secretary of Commerce (Secretary) to
approve the Bering Sea/Aleutian Islands
(BSAI) Crab Rationalization Program
(Program). The Program allocates BSAI
crab resources among harvesters,
processors, and coastal communities.
Amendment 26 would modify the
Fishery Management Plan for Bering
Sea/Aleutian Islands (BSAI) King and
Tanner crabs (FMP) and the Program to
Amendment 26 to the FMP would
exempt quota share issued to crew
members, and the annual harvest
privileges derived from that quota share,
from requirements for: delivery to
specific processors; delivery within
specific geographic regions; and
participation in an arbitration system to
resolve price disputes. This action is
intended to promote the goals and
objectives of the Magnuson-Stevens Act,
the FMP, and other applicable laws.
DATES: Comments on the amendment
must be received by May 20, 2008.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
Ellen Sebastian. You may submit
comments, identified by 0648–AW45,
by any one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
FederaleRulemaking Portal website at
https://www.regulations.gov.
• Mail: P. O. Box 21668, Juneau, AK
99802.
• Fax: (907) 586–7557.
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
All comments received are a part of
the public record and will generally be
posted to https://www.regulations.gov
without change. All Personal Identifying
Information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments. Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
portable document file (pdf) formats
only.
Copies of Amendment 26, the
Regulatory Impact Review (RIR)/Initial
Regulatory Flexibility Analysis (IRFA)
for this action, and the Environmental
Impact Statement (EIS) prepared for the
Crab Rationalization Program 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,
glenn.merrill@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Act requires that
each regional fishery management
council submit any fishery management
plan amendment it prepares to NMFS
for review and approval, disapproval, or
partial approval by the Secretary. The
Magnuson-Stevens Act also requires
that NMFS, upon receiving a fishery
management plan amendment,
immediately publish a notice in the
Federal Register announcing that the
amendment is available for public
review and comment.
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 (Pub. L.
108–199, section 801). Amendments 18
and 19 to the FMP amended the FMP to
include the Program. Regulations
E:\FR\FM\21MRP1.SGM
21MRP1
Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Proposed Rules
yshivers on PROD1PC62 with PROPOSALS
implementing these amendments were
published on March 2, 2005 (70 FR
10174) and are located at 50 CFR part
680.
The Council submitted Amendment
26 to the FMP for Secretarial review,
which would make minor changes to
the FMP necessary for the management
of quota share (QS), which is a longterm harvest privilege, and individual
fishing quota (IFQ), which is the annual
allocation of a specific amount of crab
issued to a person based on the amount
of QS they hold.
Under the Program, NMFS issued QS
to persons based on their qualifying
harvest histories in BSAI crab fisheries
during a specific period of time as
defined under the Program. Four types
of QS were issued under the Program.
The first two types of QS were issued to
holders of license limitation program
(LLP) licenses endorsed for a crab
fishery. Catcher/processor LLP license
holders were allocated catcher/
processor vessel owner (CPO) QS based
on the catch history of catcher
processors using an LLP license; catcher
vessel LLP license holders were issued
catcher vessel (CVO) QS based on the
catch history of catcher vessels using an
LLP license. Under the Program, 97
percent of the QS was initially issued as
CVO and CPO QS. The remaining three
percent of the QS was initially issued to
vessel captains and crew as ‘‘C shares’’,
based on their harvest histories as crew
members onboard crab fishing vessels.
Captains onboard catcher/processor
vessels were issued catcher/processor
crew (CPC) QS; captains and crew
onboard catcher vessels were issued
catcher vessel crew (CVC) QS.
The Program also established specific
requirements for the use of QS and IFQ.
Specifically, the Program requires that
CVO QS/IFQ and CVC QS/IFQ is subject
VerDate Aug<31>2005
15:22 Mar 20, 2008
Jkt 214001
to: (1) Delivery requirements to a
specific onshore processor or stationary
floating crab processor; (2) delivery
within specific geographic regions, also
known as regionalization; and (3)
requirements to participate in a binding
arbitration system. These provisions
were designed to provide stability to
specific processors and communities
with historic participation in the
fisheries by ensuring that harvesters did
not deliver catch without some degree
of coordination and compensation to
these traditional participants. The
arbitration system established by the
Program seeks to guarantee that price
disputes arising among harvesters and
processors can be fairly and equitably
resolved.
The Program exempts CVC QS/IFQ
from these requirements for the first
three years of the Program, which
expires on June 30, 2008. The Program
did not apply these restrictions to CVC
QS/IFQ due to the limited amount of
CVC QS/IFQ issued relative to all other
quota types, and the potential logistical
complexities and additional costs these
requirements could impose on CVC QS/
IFQ holders. The three year grace period
was intended to provide participants
time to adapt to the Program. In
addition, the Council recommended that
this specific provision be reviewed after
18 months and an FMP amendment be
developed if subsequent analysis
indicated that revisions were
appropriate.
If approved, Amendment 26 to the
FMP would modify CVC QS and IFQ so
that a person holding CVC QS/IFQ
would not be subject to delivery,
regionalization, or arbitration system
requirements after June 30, 2008. As
described in greater detail in the draft
RIR/IRFA prepared for this action, based
on the additional costs and complexity
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
15119
that will result to CVC QS/IFQ holders
and the very limited benefits that may
accrue to some processors and
communities if the permanent
exemption were not granted, the
Council has recommended this FMP
amendment to relive these
requirements. Currently, CVC QS/IFQ
holders are not subject to these
requirements, and this proposed rule
would merely extend the existing
exemption.
Public comments are being solicited
on proposed Amendment 26 through
the end of the comment period (see
DATES). NMFS intends to publish a
proposed rule that would implement
Amendment 26 in the Federal Register
for public comment, following NMFS(
evaluation under the Magnuson-Stevens
Act procedures. Public comments on the
proposed rule must be received by the
end of the comment period on
Amendment 26 to be considered in the
approval/disapproval decision on
Amendment 26. All comments received
by the end of the comment period on
Amendment 26, whether specifically
directed to the FMP amendment or the
proposed rule, will be considered in the
approval/disapproval decision.
Comments received after that date will
not be considered in the approval/
disapproval decision on the
amendments. To be considered,
comments must be received—not just
postmarked or otherwise transmitted—
by the close of business on the last day
of the comment period.
Dated: March 17, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–5789 Filed 3–20–08; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\21MRP1.SGM
21MRP1
]]>Agencies
[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Proposed Rules]
[Pages 15118-15119]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5789]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 680
RIN 0648-AW45
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: Notice of availability of fishery management plan amendment;
request for comments.
-----------------------------------------------------------------------
SUMMARY: Congress amended the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) to require the Secretary of
Commerce (Secretary) to approve the Bering Sea/Aleutian Islands (BSAI)
Crab Rationalization Program (Program). The Program allocates BSAI crab
resources among harvesters, processors, and coastal communities.
Amendment 26 would modify the Fishery Management Plan for Bering Sea/
Aleutian Islands (BSAI) King and Tanner crabs (FMP) and the Program to
Amendment 26 to the FMP would exempt quota share issued to crew
members, and the annual harvest privileges derived from that quota
share, from requirements for: delivery to specific processors; delivery
within specific geographic regions; and participation in an arbitration
system to resolve price disputes. This action is intended to promote
the goals and objectives of the Magnuson-Stevens Act, the FMP, and
other applicable laws.
DATES: Comments on the amendment must be received by May 20, 2008.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by 0648-
AW45, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the FederaleRulemaking Portal website at https://
www.regulations.gov.
Mail: P. O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building: 709 West 9\th\
Street, Room 420A, Juneau, AK.
All comments received are a part of the public record and will
generally be posted to https://www.regulations.gov without change. All
Personal Identifying Information (e.g., name, address) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
Confidential Business Information or otherwise sensitive or protected
information.
NMFS will accept anonymous comments. Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe portable document file (pdf) formats only.
Copies of Amendment 26, the Regulatory Impact Review (RIR)/Initial
Regulatory Flexibility Analysis (IRFA) for this action, and the
Environmental Impact Statement (EIS) prepared for the Crab
Rationalization Program 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,
glenn.merrill@noaa.gov.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each
regional fishery management council submit any fishery management plan
amendment it prepares to NMFS for review and approval, disapproval, or
partial approval by the Secretary. The Magnuson-Stevens Act also
requires that NMFS, upon receiving a fishery management plan amendment,
immediately publish a notice in the Federal Register announcing that
the amendment is available for public review and comment.
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
(Pub. L. 108-199, section 801). Amendments 18 and 19 to the FMP amended
the FMP to include the Program. Regulations
[[Page 15119]]
implementing these amendments were published on March 2, 2005 (70 FR
10174) and are located at 50 CFR part 680.
The Council submitted Amendment 26 to the FMP for Secretarial
review, which would make minor changes to the FMP necessary for the
management of quota share (QS), which is a long-term harvest privilege,
and individual fishing quota (IFQ), which is the annual allocation of a
specific amount of crab issued to a person based on the amount of QS
they hold.
Under the Program, NMFS issued QS to persons based on their
qualifying harvest histories in BSAI crab fisheries during a specific
period of time as defined under the Program. Four types of QS were
issued under the Program. The first two types of QS were issued to
holders of license limitation program (LLP) licenses endorsed for a
crab fishery. Catcher/processor LLP license holders were allocated
catcher/processor vessel owner (CPO) QS based on the catch history of
catcher processors using an LLP license; catcher vessel LLP license
holders were issued catcher vessel (CVO) QS based on the catch history
of catcher vessels using an LLP license. Under the Program, 97 percent
of the QS was initially issued as CVO and CPO QS. The remaining three
percent of the QS was initially issued to vessel captains and crew as
``C shares'', based on their harvest histories as crew members onboard
crab fishing vessels. Captains onboard catcher/processor vessels were
issued catcher/processor crew (CPC) QS; captains and crew onboard
catcher vessels were issued catcher vessel crew (CVC) QS.
The Program also established specific requirements for the use of
QS and IFQ. Specifically, the Program requires that CVO QS/IFQ and CVC
QS/IFQ is subject to: (1) Delivery requirements to a specific onshore
processor or stationary floating crab processor; (2) delivery within
specific geographic regions, also known as regionalization; and (3)
requirements to participate in a binding arbitration system. These
provisions were designed to provide stability to specific processors
and communities with historic participation in the fisheries by
ensuring that harvesters did not deliver catch without some degree of
coordination and compensation to these traditional participants. The
arbitration system established by the Program seeks to guarantee that
price disputes arising among harvesters and processors can be fairly
and equitably resolved.
The Program exempts CVC QS/IFQ from these requirements for the
first three years of the Program, which expires on June 30, 2008. The
Program did not apply these restrictions to CVC QS/IFQ due to the
limited amount of CVC QS/IFQ issued relative to all other quota types,
and the potential logistical complexities and additional costs these
requirements could impose on CVC QS/IFQ holders. The three year grace
period was intended to provide participants time to adapt to the
Program. In addition, the Council recommended that this specific
provision be reviewed after 18 months and an FMP amendment be developed
if subsequent analysis indicated that revisions were appropriate.
If approved, Amendment 26 to the FMP would modify CVC QS and IFQ so
that a person holding CVC QS/IFQ would not be subject to delivery,
regionalization, or arbitration system requirements after June 30,
2008. As described in greater detail in the draft RIR/IRFA prepared for
this action, based on the additional costs and complexity that will
result to CVC QS/IFQ holders and the very limited benefits that may
accrue to some processors and communities if the permanent exemption
were not granted, the Council has recommended this FMP amendment to
relive these requirements. Currently, CVC QS/IFQ holders are not
subject to these requirements, and this proposed rule would merely
extend the existing exemption.
Public comments are being solicited on proposed Amendment 26
through the end of the comment period (see DATES). NMFS intends to
publish a proposed rule that would implement Amendment 26 in the
Federal Register for public comment, following NMFS( evaluation under
the Magnuson-Stevens Act procedures. Public comments on the proposed
rule must be received by the end of the comment period on Amendment 26
to be considered in the approval/disapproval decision on Amendment 26.
All comments received by the end of the comment period on Amendment 26,
whether specifically directed to the FMP amendment or the proposed
rule, will be considered in the approval/disapproval decision. Comments
received after that date will not be considered in the approval/
disapproval decision on the amendments. To be considered, comments must
be received--not just postmarked or otherwise transmitted--by the close
of business on the last day of the comment period.
Dated: March 17, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-5789 Filed 3-20-08; 8:45 am]
BILLING CODE 3510-22-S
