Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Western Alaska Community Development Quota Program; Recordkeeping and Reporting; Correction, 62506-62515 [E9-28545]
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when corrosive gas or liquids are
present.
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(7)
(iii) Within six months after
completing the baseline internal
inspection required under paragraph
(d)(9) of this section, integrate the
results of the indirect assessment
required under paragraph (d)(7)(i) of
this section with the results of the
baseline internal inspection and take
any needed remedial actions.
(iv) * * *
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(C) Integrate the results with those of
the baseline and periodic assessments
for integrity done under paragraphs
(d)(9) and (d)(10) of this section.
(8) * * *
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(ii) After remedial action to address a
failed reading, confirm restoration of
adequate corrosion control by a close
interval survey on either side of the
affected test station to the next test
station unless the reason for the failed
reading is determined to be a rectifier
connection or power input problem that
can be remediated and otherwise
verified.
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(9) * * *
(i) Except as provided in paragraph
(d)(9)(iii) of this section, for a new
pipeline segment operating at the new
alternative maximum allowable
operating pressure, perform a baseline
internal inspection of the entire pipeline
segment as follows:
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(ii) Except as provided in paragraph
(d)(9)(iii) of this section, for an existing
pipeline segment, perform a baseline
internal assessment using a geometry
tool and a high resolution magnetic flux
tool before, but within two years prior
to, raising pressure to the alternative
maximum allowable operating pressure
as allowed under this section.
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(10) * * *
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(ii) Conduct periodic internal
inspections using a high resolution
magnetic flux tool on the frequency
determined under paragraph (d)(10)(i) of
this section, or
(iii) Use direct assessment (per
§ 192.925, § 192.927 and/or § 192.929)
or pressure testing (per subpart J of this
part) for periodic assessment of a
portion of a segment to the extent
permitted for a baseline assessment
under paragraph (d)(9)(iii) of this
section.
(11) * * *
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(ii) * * *
(A) The defect is a dent discovered
during the baseline assessment for
integrity under paragraph (d)(9) of this
section and the defect meets the criteria
for immediate repair in § 192.309(b).
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(iii) If paragraph (d)(11)(ii) of this
section does not require immediate
repair, repair a defect within one year if
any of the following apply:
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(iv) Evaluate any defect not required
to be repaired under paragraph
(d)(11)(ii) or (iii) of this section to
determine its growth rate, set the
maximum interval for repair or reinspection, and repair or re-inspect
within that interval.
PART 195—TRANSPORTATION OF
HAZARDOUS LIQUIDS BY PIPELINE
7. The authority citation for part 195
is amended to read as follows:
■
Authority: 49 U.S.C. 5103, 60102, 60104,
60108, 60109, 60116, 60118, and 60137; and
49 CFR 1.53.
§ 195.12
[Amended]
8. In section 195.12, the second
paragraph designated as paragraph (d),
‘‘Record Retention’’ is redesignated as
paragraph (e).
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PART 198—REGULATIONS FOR
GRANTS TO AID STATE PIPELINE
SAFETY PROGRAMS
9. The authority citation for Part 198
continues to read as follows:
■
Authority: 49 U.S.C. 60105, 60106, 60107,
60114, and 49 CFR 1.53.
10. Section 198.11 is revised to read
as follows:
■
§ 198.11
Grant Authority.
The pipeline safety laws (49 U.S.C.
60101 et seq.) authorize the
Administrator to pay out funds
appropriated or otherwise make
available up to 80 percent of the cost of
the personnel, equipment, and activities
reasonably required for each state
agency to carry out a safety program for
intrastate pipeline facilities under a
certification or agreement with the
Administrator or to act as an agent of
the Administrator with respect to
interstate pipeline facilities.
Issued in Washington, DC on November 20,
2009 under authority delegated in 49 CFR
part 1.
Cynthia L. Quarterman,
Administrator.
[FR Doc. E9–28477 Filed 11–27–09; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0911161406–91407–01]
RIN 0648–AY37
Groundfish Fisheries of the Exclusive
Economic Zone Off Alaska; Individual
Fishing Quota Program; Western
Alaska Community Development
Quota Program; Recordkeeping and
Reporting; Correction
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule, correction.
SUMMARY: This action corrects column
headings of a regulatory table; provides
replacements for outdated text;
reinstates a paragraph which describes
the Chiniak Gully Research Area;
corrects footnotes and other errors in
two tables; and corrects two maps.
These errors should be corrected
immediately to eliminate potential
confusion by the regulated public. This
action is intended to promote the goals
and objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act and other applicable law.
DATES: Effective November 30, 2009.
FOR FURTHER INFORMATION CONTACT:
Patsy A. Bearden, 907–586–7228.
SUPPLEMENTARY INFORMATION:
Background
NMFS manages the U.S. groundfish
fisheries of the exclusive economic zone
off Alaska under the Fishery
Management Plan for Groundfish of the
Gulf of Alaska and the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area. With Federal
oversight, the State of Alaska (State)
manages the commercial king crab and
Tanner crab fisheries under the Fishery
Management Plan for Bering Sea/
Aleutian Islands King and Tanner Crabs
(collectively, FMPs). The FMPs were
prepared by the North Pacific Fishery
Management Council and approved by
the Secretary of Commerce under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act, 16 U.S.C. 1801 et seq. The FMPs
are implemented by regulations at 50
CFR parts 679 and 680. General
provisions governing fishing by U.S.
vessels in accordance with the FMPs
appear at subpart H of 50 CFR part 600.
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Management of the Pacific halibut
fisheries in and off Alaska is governed
by an international agreement, 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,’’ which was signed at Ottawa,
Canada, on March 2, 1953, and was
amended by the ‘‘Protocol Amending
the Convention,’’ signed at Washington,
DC, March 29, 1979. The Convention is
implemented in the United States by the
Northern Pacific Halibut Act of 1982
(Halibut Act). General provisions
governing fishing by U.S. vessels in
accordance with the FMPs appear at
subpart H of 50 CFR part 600.
Need for Corrections
This action corrects regulations
recently promulgated in two final rules:
a rule published on May 19, 2008 (73 FR
28733) and a rule published on
December 15, 2008 (73 FR 76136). The
revisions are needed to correct
inadvertent errors.
Table 13 to part 679 summarizes the
use of forms for shipping, transporting,
or transferring fish or fish product. In
the final rule published in the Federal
Register on May 19, 2008 (73 FR 28733),
the outdated term ‘‘IFQ card’’ was
replaced with ‘‘IFQ hired master
permit,’’ because the IFQ card no longer
exists. NMFS intended to change every
occurrence of this phrase but missed the
occurrence in Table 13 to part 679; this
rule makes this correction. NMFS makes
four additional revisions to Table 13.
First, the cross-references to sections
within the 679 regulations are moved
from the column headings, indicated
with a footnote number, and listed at
the bottom of the table to make the table
easier to read. Second, some of the
cross-references are corrected as
follows: the cross-reference in the
Dockside Sales Receipt column heading
of Table 13 is corrected to read
‘‘§ 679.5(g)(2)(iv)’’, as the paragraph
cited no longer exists. The crossreference in the Landing Receipt
column heading is corrected to read
‘‘§ 679.5(e)(8)(vii)’’ because the
December 15, 2008, final rule (73 FR
76136) reorganized the paragraphs
describing retention of landing receipts.
Third, a column is added to list the
buying station report, which is a form
used by a buying station or tender vessel
and described at § 679.5(d). The
addition of this form completes the list
of the different types of product transfer
forms in the part 679 regulations.
Finally, Table 13 is not cross-referenced
in § 679.5. Accordingly, to establish
references to Table 13, this rule adds
introductory paragraph (d); a sentence
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to the end of introductory paragraph
(g)(1); introductory paragraph (k);
introductory paragraph (l)(3); and
introductory paragraph (l)(4). None of
the revisions to Table 13 and associated
regulatory text add new requirements or
change existing requirements.
Section 679.5(c)(1)(vi)(B) is a
regulatory table that describes the
distribution of logsheets from
groundfish logbooks. This rule revises
column headings describing logbooks
used by catcher vessels and catcher/
processors that use longline or pot gear.
Operators of catcher vessels and
catcher/processors using longline gear
use the same logbook as operators of
catcher vessels and catcher/processors
using pot gear. The column headings
incorrectly do not include ‘‘pot gear;’’
this rule will replace ‘‘CV lgl’’ and ‘‘CP
lgl’’ with ‘‘CV lgl/pot’’ and ‘‘CP lgl/pot,’’
respectively.
The December 15, 2008, final rule
added a definition for ‘‘non-individual
entity’’ to standardize the terms used to
describe an entity other than an
individual. NMFS’s intention was to
replace the term ‘‘other entity’’ with the
new term ‘‘other non-individual entity’’
in all places in part 679 where the term
‘‘other entity’’ does not refer to an
individual. Further, the intention was to
add ‘‘other non-individual entity’’ in
paragraphs that referred to entities of a
similar nature, e.g., corporations,
associations, and partnerships. Section
679.42(j)(7) is corrected by revising the
one remaining reference to ‘‘corporation
or a partnership’’ to read ‘‘corporation,
partnership, association, or other nonindividual entity.’’ This correction
makes consistent use of the term ‘‘nonindividual entity’’ throughout the
regulatory text.
The final rule also removed and
reserved § 679.22(b)(6), which describes
the Chiniak Gully Research Area; an
area periodically closed to fishing.
NMFS believed the closure had expired
and so removed the paragraph.
However, NMFS overlooked that it had
published a June 1, 2006 (71 FR 31105)
final rule that revised the same
paragraph and instituted another
closure effective through 2010. This
final rule re-establishes this paragraph
and the effective period of the closure
through December 31, 2010.
The December 15, 2008, final rule
removed the term, ‘‘weekly production
report’’ or ‘‘WPR’’ from 50 CFR part 679
and replaced it with the term
‘‘production report’’ in eLandings. It
was NMFS’s intention to replace all
references to the WPR in the final rule;
however, some references were missed
and not replaced. This final rule
corrects the omissions.
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62507
Table 10 to part 679 lists percentages
used for calculating maximum
retainable amounts of species closed to
directed fishing relative to basis species
in the Gulf of Alaska. A spelling error
is corrected in footnote 4 of Table 10 by
removing S. polyspinous and replacing
it with S. polyspinis.
The Nearshore Bristol Bay Trawl
Closure Area shown in Figure 12 to part
679 has coordinates that actually occur
on land; the Legend provides the correct
coordinates. The closure area is redrawn
to correct the previous map which
showed the closure area parallel to the
coastline. The closure area is redrawn to
exclude Alaska State territorial waters
and waters of the protection zone
around Round Island. An additional
note is added to the Legend to explain
these exclusions.
The map in Figure 19 to part 679 is
corrected to match the base map of the
Gulf of Alaska reporting areas in Figure
3, which was revised in the December
15, 2008, final rule. The map is redrawn
to correct the graphic western boundary
of reporting area 610 which ends at 170
degrees, not 171 degrees as shown on
the illustration. Figure 19 has this same
base map, but was not changed in the
final rule. This final rule corrects the
boundary in Figure 19.
This rule also corrects other crossreference errors as indicated in the
Locate and Remove table.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator of Fisheries
(AA) finds good cause to waive prior
notice and opportunity for public
comment otherwise required by the
section. The corrections made by this
rule do not make any substantive
changes in the rights or obligations of
fishermen managed under the
groundfish regulations implemented in
the May 10, 2008, final rule and the
December 15, 2008, final rule.
No aspect of this action is
controversial, and no change in
operating practices in the fishery is
required. It was not NMFS’s intent to
impose incorrect regulations or to
remove regulations that should have
been retained. These errors should be
corrected immediately to eliminate
potential confusion by the regulated
public. If left unrevised, these measures
create ambiguous guidance, thus are
likely to mislead fisheries participants
and may weaken regulatory enforcement
efforts.
For the same reasons, the AA finds
good cause under 5 U.S.C. 553(d)(3) to
waive the 30-day delay in effective date.
Because prior notice and opportunity
for public comment are not required for
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this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., do not apply.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Corrections
Accordingly, the final rule published
on December 15, 2008, at 73 FR 76136,
and effective January 14, 2009; and the
final rule published May 19, 2008, at 73
FR 28733 and effective June 18, 2008,
are corrected as follows:
Dated: November 23, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
a. Revise the table heading in
paragraph (c)(1)(vi)(B);
■ b. Add introductory paragraph (d); a
sentence to the end of introductory
paragraph (g)(1); introductory paragraph
(k); introductory paragraph (l)(3); and
introductory paragraph (l)(4). The
revisions and additions read as follows:
■
Accordingly, 50 CFR part 679 is
corrected by making the following
correcting amendments:
■
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
§ 679.5
(R&R).
*
1. The authority citation for part 679
continues to read as follows:
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Authority: 16 U.S.C. 773 et seq.; 1540(f);
1801 et seq.; 1851 note; 3631 et seq.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and
recordkeeping requirements.
■
2. In § 679.5,
Recordkeeping and reporting
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(c) * * *
(1) * * *
(vi) * * *
(B) * * *
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LOGSHEET DISTRIBUTION AND SUBMITTAL
Logsheets found in these logbooks
Submit to
. . .
If logsheet color is . . .
CV lgl/pot
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CV trw
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(d) Buying station report (BSR). For a
comparison of forms used for shipping,
transporting, or transferring fish or fish
product, see Table 13 to this part.
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(g) * * *
(1) * * * For a comparison of forms
used for shipping, transporting, or
transferring fish or fish product, see
Table 13 to this part.
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(k) U.S. Vessel activity report (VAR).
For a comparison of forms used for
shipping, transporting, or transferring
fish or fish product, see Table 13 to this
part.
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(l) * * *
(3) Transshipment authorization. For
a comparison of forms used for
shipping, transporting, or transferring
fish or fish product, see Table 13 to this
part.
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(4) IFQ Departure report. For a
comparison of forms used for shipping,
CP lgl/pot
*
CP trw
*
transporting, or transferring fish or fish
product, see Table 13 to this part.
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■ 3. In § 679.22, add paragraph (b)(6) to
read as follows:
§ 679.22
MS
Closures.
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(b) * * *
(6) Chiniak Gully Research Area
(Applicable through December 31,
2010)—(i) Description of Chiniak Gully
Research Area. The Chiniak Gully
Research Area, as shown in Figure 22 to
this part, is defined as the waters
bounded by straight lines connecting
the coordinates in the order listed:
57°48.60 N lat., 152°22.20 W long.;
57°48.60 N lat., 151°51.00 W long.;
57°13.20 N lat., 150°38.40 W long.;
56°58.80 N lat., 151°16.20 W long.;
57°37.20 N lat., 152°09.60 W long.;
and hence counterclockwise along the
shoreline of Kodiak Island to 57°48.60 N
lat., 152°22.20 W long.
(ii) Closure. (A) No vessel named on
a Federal fisheries permit issued
pursuant to§ 679.4(b) shall deploy trawl
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§§ 679.5, 679.20, 679.27, 679.30, and 679.42
[Amended]
4. 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 for the number of
times indicated in the ‘‘Frequency’’
column.
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Remove
Add
§ 679.5(h)(2)(ii)(C) ...................................
§ 679.5(s)(4) heading ...............................
§ 679.5(s)(4) .............................................
§ 679.5(s)(4) .............................................
§ 679.20(g)(2)(iii) ......................................
paragraph (h)(2)(i) ...................................
Weekly production report (WPR) ............
WPR ........................................................
paragraph (i) ............................................
products in the DCPL required under
§ 679.5(a)(7)(v)(C).
paragraph (h)(2)(ii) ..................................
Production report .....................................
production report .....................................
paragraph (e)(10) ....................................
products in eLandings required under
§ 679.5(e)(9)(i)(D)
and
§ 679.5(e)(10)(iii)(H) (see also Table
1c to this part).
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gear for purposes of either fishing, or of
testing gear under § 679.24(d)(2), within
the Chiniak Gully Research Area at any
time from August 1 through September
20.
(B) If the Regional Administrator
makes a determination that the relevant
research activities have been completed
for a particular year or will not be
conducted that year, the Regional
Administrator shall publish notification
in the Federal Register rescinding the
Chiniak Gully Research Area trawl
closure, described in paragraph (b)(6)(i)
of this section, for that year.
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Location
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Location
Remove
Add
§ 679.27(j)(3) ............................................
§ 679.27(j)(3) ............................................
§ 679.27(j)(5)(ii) ........................................
§ 679.27(j)(5)(iii) .......................................
§ 679.27(j)(6) ............................................
§ 679.30(e)(1) ..........................................
§ 679.42(j)(7) ............................................
weekly production report .........................
§ 679.5(i) ..................................................
§ 679.5(a)(7)(iv)(C) ..................................
§ 679.28(d)(7)(ii) ......................................
679.5(a)(7)(iv)(C) and paragraph (j)(5) ...
§ 679.5(n)(3) ............................................
corporation or a partnership ....................
production report .....................................
§ 679.5(e) .................................................
§ 679.5 .....................................................
§ 679.28(d)(7)(i) .......................................
§ 679.5 .....................................................
§ 679.5(n)(1) ............................................
corporation, partnership, association, or
other non-individual entity.
5. Figure 12 to part 679 is revised to
read as follows:
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Frequency
1
1
1
1
1
1
1
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6. Figure 19 to part 679 is revised to
read as follows:
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7. Table 10 to part 679 is revised to
read as follows:
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62515
8. Table 13 to part 679 is revised to
read as follows:
■
TABLE 13 TO PART 67—TRANSFER FORM SUMMARY
And is involved in
this activity
VAR 1
PTR 2
Trans-ship 3
Departure
report 4
Dockside
sales
receipt 5
Landing
receipt 6
BSR 7
Vessel leaving or entering Alaska.
X
............
..........................
....................
....................
....................
....................
............
............
..........................
X
....................
....................
....................
Vessel leaving Alaska.
X
............
..........................
X
....................
....................
....................
Shipment of groundfish product.
............
X
..........................
....................
....................
....................
....................
Donated PSC ..........
Shipment of donated
PSC.
............
X
..........................
....................
....................
....................
....................
Groundfish ...............
Receive or deliver
groundfish in association with a
shoreside processor, SFP, or
mothership.
Transfer of product ..
............
............
..........................
....................
....................
....................
X
............
X
..........................
....................
....................
....................
....................
Transfer of product ..
............
............
..........................
....................
XXX
....................
....................
Transfer from landing site to Registered Buyer’s
processing facility.
Transshipment between vessels.
............
............
..........................
....................
....................
XX
....................
............
............
XXXX
....................
....................
....................
....................
Transfer of product ..
............
X
..........................
....................
....................
....................
....................
Transfer from landing site to RCR’s
processing facility.
............
............
..........................
....................
....................
XX
....................
If participant type is
* * *
Catcher vessel
greater than 60 ft
LOA, mothership
or catcher/processor.
Catcher vessel
greater than 60 ft
LOA, mothership
or catcher/processor.
Catcher vessel
greater than 60 ft
LOA, mothership
or catcher/processor.
Mothership, catcher/
processor, shoreside processor, or
SFP.
Mothership, catcher/
processor, shoreside processor, or
SFP.
Buying station or
tender vessel.
Registered Buyer .....
A person holding a
valid IFQ permit,
IFQ hired master
permit, or Registered Buyer permit.
Registered Buyer .....
Vessel operator .......
Registered Crab Receiver.
Registered Crab Receiver.
And has * * * Fish
product onboard
Only non-IFQ
groundfish.
Only IFQ sablefish,
Vessel leaving AlasIFQ halibut, CDQ
ka.
halibut, or CR crab.
Combination of IFQ
sablefish, IFQ halibut, CDQ halibut,
or CR crab and
non-IFQ groundfish.
Non-IFQ groundfish
IFQ sablefish, IFQ
halibut, or CDQ
halibut.
IFQ sablefish, IFQ
halibut, or CDQ
halibut.
IFQ sablefish, IFQ
halibut, or CDQ
halibut.
Processed IFQ sablefish, IFQ halibut, CDQ halibut,
or CR crab.
CR crab ...................
CR crab ...................
1A
vessel activity report (VAR) is described at § 679.5(k).
product transfer report (PTR) is described at § 679.5(g).
IFQ transshipment authorization is described at § 679.5(l)(3).
4 An IFQ departure report is described at § 679.5(l)(4).
5 An IFQ dockside sales receipt is described at § 679.5(g)(2)(iv).
6 A landing receipt is described at § 679.5(e)(8)(vii).
7 A buying station report (BSR) is described at § 679.5(d).
X indicates under what circumstances each report is submitted.
XX indicates that the document must accompany the transfer of IFQ species from landing site to processor.
XXX indicates receipt must be issued to each receiver in a dockside sale.
XXXX indicates authorization must be obtained 24 hours in advance.
2A
WReier-Aviles on DSKGBLS3C1PROD with RULES
3 An
[FR Doc. E9–28545 Filed 11–27–09; 8:45 am]
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]]>Agencies
[Federal Register Volume 74, Number 228 (Monday, November 30, 2009)]
[Rules and Regulations]
[Pages 62506-62515]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28545]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0911161406-91407-01]
RIN 0648-AY37
Groundfish Fisheries of the Exclusive Economic Zone Off Alaska;
Individual Fishing Quota Program; Western Alaska Community Development
Quota Program; Recordkeeping and Reporting; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule, correction.
-----------------------------------------------------------------------
SUMMARY: This action corrects column headings of a regulatory table;
provides replacements for outdated text; reinstates a paragraph which
describes the Chiniak Gully Research Area; corrects footnotes and other
errors in two tables; and corrects two maps. These errors should be
corrected immediately to eliminate potential confusion by the regulated
public. This action is intended to promote the goals and objectives of
the Magnuson-Stevens Fishery Conservation and Management Act and other
applicable law.
DATES: Effective November 30, 2009.
FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
NMFS manages the U.S. groundfish fisheries of the exclusive
economic zone off Alaska under the Fishery Management Plan for
Groundfish of the Gulf of Alaska and the Fishery Management Plan for
Groundfish of the Bering Sea and Aleutian Islands Management Area. With
Federal oversight, the State of Alaska (State) manages the commercial
king crab and Tanner crab fisheries under the Fishery Management Plan
for Bering Sea/Aleutian Islands King and Tanner Crabs (collectively,
FMPs). The FMPs were prepared by the North Pacific Fishery Management
Council and approved by the Secretary of Commerce under authority of
the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C.
1801 et seq. The FMPs are implemented by regulations at 50 CFR parts
679 and 680. General provisions governing fishing by U.S. vessels in
accordance with the FMPs appear at subpart H of 50 CFR part 600.
[[Page 62507]]
Management of the Pacific halibut fisheries in and off Alaska is
governed by an international agreement, 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,'' which was
signed at Ottawa, Canada, on March 2, 1953, and was amended by the
``Protocol Amending the Convention,'' signed at Washington, DC, March
29, 1979. The Convention is implemented in the United States by the
Northern Pacific Halibut Act of 1982 (Halibut Act). General provisions
governing fishing by U.S. vessels in accordance with the FMPs appear at
subpart H of 50 CFR part 600.
Need for Corrections
This action corrects regulations recently promulgated in two final
rules: a rule published on May 19, 2008 (73 FR 28733) and a rule
published on December 15, 2008 (73 FR 76136). The revisions are needed
to correct inadvertent errors.
Table 13 to part 679 summarizes the use of forms for shipping,
transporting, or transferring fish or fish product. In the final rule
published in the Federal Register on May 19, 2008 (73 FR 28733), the
outdated term ``IFQ card'' was replaced with ``IFQ hired master
permit,'' because the IFQ card no longer exists. NMFS intended to
change every occurrence of this phrase but missed the occurrence in
Table 13 to part 679; this rule makes this correction. NMFS makes four
additional revisions to Table 13. First, the cross-references to
sections within the 679 regulations are moved from the column headings,
indicated with a footnote number, and listed at the bottom of the table
to make the table easier to read. Second, some of the cross-references
are corrected as follows: the cross-reference in the Dockside Sales
Receipt column heading of Table 13 is corrected to read ``Sec.
679.5(g)(2)(iv)'', as the paragraph cited no longer exists. The cross-
reference in the Landing Receipt column heading is corrected to read
``Sec. 679.5(e)(8)(vii)'' because the December 15, 2008, final rule
(73 FR 76136) reorganized the paragraphs describing retention of
landing receipts. Third, a column is added to list the buying station
report, which is a form used by a buying station or tender vessel and
described at Sec. 679.5(d). The addition of this form completes the
list of the different types of product transfer forms in the part 679
regulations. Finally, Table 13 is not cross-referenced in Sec. 679.5.
Accordingly, to establish references to Table 13, this rule adds
introductory paragraph (d); a sentence to the end of introductory
paragraph (g)(1); introductory paragraph (k); introductory paragraph
(l)(3); and introductory paragraph (l)(4). None of the revisions to
Table 13 and associated regulatory text add new requirements or change
existing requirements.
Section 679.5(c)(1)(vi)(B) is a regulatory table that describes the
distribution of logsheets from groundfish logbooks. This rule revises
column headings describing logbooks used by catcher vessels and
catcher/processors that use longline or pot gear. Operators of catcher
vessels and catcher/processors using longline gear use the same logbook
as operators of catcher vessels and catcher/processors using pot gear.
The column headings incorrectly do not include ``pot gear;'' this rule
will replace ``CV lgl'' and ``CP lgl'' with ``CV lgl/pot'' and ``CP
lgl/pot,'' respectively.
The December 15, 2008, final rule added a definition for ``non-
individual entity'' to standardize the terms used to describe an entity
other than an individual. NMFS's intention was to replace the term
``other entity'' with the new term ``other non-individual entity'' in
all places in part 679 where the term ``other entity'' does not refer
to an individual. Further, the intention was to add ``other non-
individual entity'' in paragraphs that referred to entities of a
similar nature, e.g., corporations, associations, and partnerships.
Section 679.42(j)(7) is corrected by revising the one remaining
reference to ``corporation or a partnership'' to read ``corporation,
partnership, association, or other non-individual entity.'' This
correction makes consistent use of the term ``non-individual entity''
throughout the regulatory text.
The final rule also removed and reserved Sec. 679.22(b)(6), which
describes the Chiniak Gully Research Area; an area periodically closed
to fishing. NMFS believed the closure had expired and so removed the
paragraph. However, NMFS overlooked that it had published a June 1,
2006 (71 FR 31105) final rule that revised the same paragraph and
instituted another closure effective through 2010. This final rule re-
establishes this paragraph and the effective period of the closure
through December 31, 2010.
The December 15, 2008, final rule removed the term, ``weekly
production report'' or ``WPR'' from 50 CFR part 679 and replaced it
with the term ``production report'' in eLandings. It was NMFS's
intention to replace all references to the WPR in the final rule;
however, some references were missed and not replaced. This final rule
corrects the omissions.
Table 10 to part 679 lists percentages used for calculating maximum
retainable amounts of species closed to directed fishing relative to
basis species in the Gulf of Alaska. A spelling error is corrected in
footnote 4 of Table 10 by removing S. polyspinous and replacing it with
S. polyspinis.
The Nearshore Bristol Bay Trawl Closure Area shown in Figure 12 to
part 679 has coordinates that actually occur on land; the Legend
provides the correct coordinates. The closure area is redrawn to
correct the previous map which showed the closure area parallel to the
coastline. The closure area is redrawn to exclude Alaska State
territorial waters and waters of the protection zone around Round
Island. An additional note is added to the Legend to explain these
exclusions.
The map in Figure 19 to part 679 is corrected to match the base map
of the Gulf of Alaska reporting areas in Figure 3, which was revised in
the December 15, 2008, final rule. The map is redrawn to correct the
graphic western boundary of reporting area 610 which ends at 170
degrees, not 171 degrees as shown on the illustration. Figure 19 has
this same base map, but was not changed in the final rule. This final
rule corrects the boundary in Figure 19.
This rule also corrects other cross-reference errors as indicated
in the Locate and Remove table.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator of
Fisheries (AA) finds good cause to waive prior notice and opportunity
for public comment otherwise required by the section. The corrections
made by this rule do not make any substantive changes in the rights or
obligations of fishermen managed under the groundfish regulations
implemented in the May 10, 2008, final rule and the December 15, 2008,
final rule.
No aspect of this action is controversial, and no change in
operating practices in the fishery is required. It was not NMFS's
intent to impose incorrect regulations or to remove regulations that
should have been retained. These errors should be corrected immediately
to eliminate potential confusion by the regulated public. If left
unrevised, these measures create ambiguous guidance, thus are likely to
mislead fisheries participants and may weaken regulatory enforcement
efforts.
For the same reasons, the AA finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in effective date.
Because prior notice and opportunity for public comment are not
required for
[[Page 62508]]
this rule by 5 U.S.C. 553, or any other law, the analytical
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.,
do not apply.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Corrections
Accordingly, the final rule published on December 15, 2008, at 73
FR 76136, and effective January 14, 2009; and the final rule published
May 19, 2008, at 73 FR 28733 and effective June 18, 2008, are corrected
as follows:
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: November 23, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
Accordingly, 50 CFR part 679 is corrected by making the following
correcting amendments:
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. 679.5,
0
a. Revise the table heading in paragraph (c)(1)(vi)(B);
0
b. Add introductory paragraph (d); a sentence to the end of
introductory paragraph (g)(1); introductory paragraph (k); introductory
paragraph (l)(3); and introductory paragraph (l)(4). The revisions and
additions read as follows:
Sec. 679.5 Recordkeeping and reporting (R&R).
* * * * *
(c) * * *
(1) * * *
(vi) * * *
(B) * * *
Logsheet Distribution and Submittal
--------------------------------------------------------------------------------------------------------------------------------------------------------
Logsheets found in these logbooks
If logsheet color is . . . ----------------------------------------------------------------- Submit to . Time limit
CV lgl/pot CV trw CP lgl/pot CP trw MS . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
(d) Buying station report (BSR). For a comparison of forms used for
shipping, transporting, or transferring fish or fish product, see Table
13 to this part.
* * * * *
(g) * * *
(1) * * * For a comparison of forms used for shipping,
transporting, or transferring fish or fish product, see Table 13 to
this part.
* * * * *
(k) U.S. Vessel activity report (VAR). For a comparison of forms
used for shipping, transporting, or transferring fish or fish product,
see Table 13 to this part.
* * * * *
(l) * * *
(3) Transshipment authorization. For a comparison of forms used for
shipping, transporting, or transferring fish or fish product, see Table
13 to this part.
* * * * *
(4) IFQ Departure report. For a comparison of forms used for
shipping, transporting, or transferring fish or fish product, see Table
13 to this part.
* * * * *
0
3. In Sec. 679.22, add paragraph (b)(6) to read as follows:
Sec. 679.22 Closures.
* * * * *
(b) * * *
(6) Chiniak Gully Research Area (Applicable through December 31,
2010)--(i) Description of Chiniak Gully Research Area. The Chiniak
Gully Research Area, as shown in Figure 22 to this part, is defined as
the waters bounded by straight lines connecting the coordinates in the
order listed:
57[deg]48.60 N lat., 152[deg]22.20 W long.;
57[deg]48.60 N lat., 151[deg]51.00 W long.;
57[deg]13.20 N lat., 150[deg]38.40 W long.;
56[deg]58.80 N lat., 151[deg]16.20 W long.;
57[deg]37.20 N lat., 152[deg]09.60 W long.; and hence
counterclockwise along the shoreline of Kodiak Island to 57[deg]48.60 N
lat., 152[deg]22.20 W long.
(ii) Closure. (A) No vessel named on a Federal fisheries permit
issued pursuant toSec. 679.4(b) shall deploy trawl gear for purposes
of either fishing, or of testing gear under Sec. 679.24(d)(2), within
the Chiniak Gully Research Area at any time from August 1 through
September 20.
(B) If the Regional Administrator makes a determination that the
relevant research activities have been completed for a particular year
or will not be conducted that year, the Regional Administrator shall
publish notification in the Federal Register rescinding the Chiniak
Gully Research Area trawl closure, described in paragraph (b)(6)(i) of
this section, for that year.
* * * * *
Sec. Sec. 679.5, 679.20, 679.27, 679.30, and 679.42 [Amended]
0
4. 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 for the number of times
indicated in the ``Frequency'' column.
----------------------------------------------------------------------------------------------------------------
Location Remove Add Frequency
----------------------------------------------------------------------------------------------------------------
Sec. 679.5(h)(2)(ii)(C)............... paragraph (h)(2)(i)....... paragraph (h)(2)(ii)...... 1
Sec. 679.5(s)(4) heading.............. Weekly production report Production report......... 1
(WPR).
Sec. 679.5(s)(4)...................... WPR....................... production report......... 1
Sec. 679.5(s)(4)...................... paragraph (i)............. paragraph (e)(10)......... 1
Sec. 679.20(g)(2)(iii)................ products in the DCPL products in eLandings 1
required under Sec. required under Sec.
679.5(a)(7)(v)(C). 679.5(e)(9)(i)(D) and
Sec.
679.5(e)(10)(iii)(H) (see
also Table 1c to this
part).
[[Page 62509]]
Sec. 679.27(j)(3)..................... weekly production report.. production report......... 1
Sec. 679.27(j)(3)..................... Sec. 679.5(i)........... Sec. 679.5(e)........... 1
Sec. 679.27(j)(5)(ii)................. Sec. 679.5(a)(7)(iv)(C). Sec. 679.5.............. 1
Sec. 679.27(j)(5)(iii)................ Sec. 679.28(d)(7)(ii)... Sec. 679.28(d)(7)(i).... 1
Sec. 679.27(j)(6)..................... 679.5(a)(7)(iv)(C) and Sec. 679.5.............. 1
paragraph (j)(5).
Sec. 679.30(e)(1)..................... Sec. 679.5(n)(3)........ Sec. 679.5(n)(1)........ 1
Sec. 679.42(j)(7)..................... corporation or a corporation, partnership, 1
partnership. association, or other non-
individual entity.
----------------------------------------------------------------------------------------------------------------
0
5. Figure 12 to part 679 is revised to read as follows:
BILLING CODE 3510-22-P
[[Page 62510]]
[GRAPHIC] [TIFF OMITTED] TR30NO09.000
[[Page 62511]]
0
6. Figure 19 to part 679 is revised to read as follows:
[GRAPHIC] [TIFF OMITTED] TR30NO09.001
[[Page 62512]]
0
7. Table 10 to part 679 is revised to read as follows:
[GRAPHIC] [TIFF OMITTED] TR30NO09.002
[[Page 62513]]
[GRAPHIC] [TIFF OMITTED] TR30NO09.003
[[Page 62514]]
[GRAPHIC] [TIFF OMITTED] TR30NO09.004
BILLING CODE 3510-22-C
[[Page 62515]]
0
8. Table 13 to part 679 is revised to read as follows:
Table 13 to Part 67--Transfer Form Summary
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Dockside
If participant type is * * * And has * * * Fish product And is involved in this VAR \1\ PTR \2\ Trans-ship \3\ Departure sales Landing BSR \7\
onboard activity report \4\ receipt \5\ receipt \6\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher vessel greater than 60 ft LOA, Only non-IFQ groundfish.... Vessel leaving or entering X ........ ................ ............ ............ ............ ............
mothership or catcher/processor. Alaska.
Catcher vessel greater than 60 ft LOA, Only IFQ sablefish, IFQ Vessel leaving Alaska...... ........ ........ ................ X ............ ............ ............
mothership or catcher/processor. halibut, CDQ halibut, or
CR crab.
Catcher vessel greater than 60 ft LOA, Combination of IFQ Vessel leaving Alaska...... X ........ ................ X ............ ............ ............
mothership or catcher/processor. sablefish, IFQ halibut,
CDQ halibut, or CR crab
and non-IFQ groundfish.
Mothership, catcher/processor, shoreside Non-IFQ groundfish......... Shipment of groundfish ........ X ................ ............ ............ ............ ............
processor, or SFP. product.
Mothership, catcher/processor, shoreside Donated PSC................ Shipment of donated PSC.... ........ X ................ ............ ............ ............ ............
processor, or SFP.
Buying station or tender vessel......... Groundfish................. Receive or deliver ........ ........ ................ ............ ............ ............ X
groundfish in association
with a shoreside
processor, SFP, or
mothership.
Registered Buyer........................ IFQ sablefish, IFQ halibut, Transfer of product........ ........ X ................ ............ ............ ............ ............
or CDQ halibut.
A person holding a valid IFQ permit, IFQ IFQ sablefish, IFQ halibut, Transfer of product........ ........ ........ ................ ............ XXX ............ ............
hired master permit, or Registered or CDQ halibut.
Buyer permit.
Registered Buyer........................ IFQ sablefish, IFQ halibut, Transfer from landing site ........ ........ ................ ............ ............ XX ............
or CDQ halibut. to Registered Buyer's
processing facility.
Vessel operator......................... Processed IFQ sablefish, Transshipment between ........ ........ XXXX ............ ............ ............ ............
IFQ halibut, CDQ halibut, vessels.
or CR crab.
Registered Crab Receiver................ CR crab.................... Transfer of product........ ........ X ................ ............ ............ ............ ............
Registered Crab Receiver................ CR crab.................... Transfer from landing site ........ ........ ................ ............ ............ XX ............
to RCR's processing
facility.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ A vessel activity report (VAR) is described at Sec. 679.5(k).
\2\ A product transfer report (PTR) is described at Sec. 679.5(g).
\3\ An IFQ transshipment authorization is described at Sec. 679.5(l)(3).
\4\ An IFQ departure report is described at Sec. 679.5(l)(4).
\5\ An IFQ dockside sales receipt is described at Sec. 679.5(g)(2)(iv).
\6\ A landing receipt is described at Sec. 679.5(e)(8)(vii).
\7\ A buying station report (BSR) is described at Sec. 679.5(d).
X indicates under what circumstances each report is submitted.
XX indicates that the document must accompany the transfer of IFQ species from landing site to processor.
XXX indicates receipt must be issued to each receiver in a dockside sale.
XXXX indicates authorization must be obtained 24 hours in advance.
[FR Doc. E9-28545 Filed 11-27-09; 8:45 am]
BILLING CODE 3510-22-P
