Rules and Regulations. Proposed rule

Agency: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce
Action: Proposed rule
Citation: FR Doc. 04-1938 · RIN 0648-AR07 · Docket No. 040115020-4020-01; I.D. 010204B · 50 CFR 679

Summary

NMFS proposes to revise port codes (Tables 14a and 14b) used in data collection for the Federal groundfish fisheries in the EEZ off the coast of Alaska and the Individual Fishing Quota (IFQ) Program. This revision would remove unnecessary or potentially conflicting regulations, facilitate enforcement efforts, and standardize collection of port-of-landing information. The action is necessary to standardize collection and analysis of port information. This action is intended to meet the conservation and management requirements of the Northern Pacific Halibut Act of 1982 (Halibut Act) with respect to halibut and of the Magnuson-Stevens Fishery Conservation and Management Act, (Magnuson-Stevens Act) with respect to groundfish and to further the goals and objectives of the Alaska groundfish fishery management plans.

Dates

Comments must be received by March 1, 2004.

Supplementary Information

NMFS manages the groundfish fisheries of the Gulf of Alaska (GOA) and the Bering Sea/Aleutian Islands Management Area (BSAI) in the exclusive economic zone (EEZ) according to the Fishery Management Plan for Groundfish of the Gulf of Alaska and the Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area (FMPs) prepared by the North Pacific Fishery Management Council (Council) and approved by the Secretary of Commerce (Secretary) under authority of the Magnuson-Stevens Act. The FMPs are implemented by regulations at 50 CFR part 679. NMFS manages the IFQ Halibut Program under the Northern Pacific Halibut Act of 1982 (Halibut Act); implementing regulations are at 50 CFR part 300.60 through 300.65. General provisions governing fishing by U.S. vessels in accordance with the FMPs appear at subpart H of 50 CFR part 600. Tables 14a and 14b to Part 679 provide lists of ports in Alaska, California, Oregon, Washington, and Canada at which IFQ landings and Federal groundfish landings may be made. Two distinct coding systems are presented. These two systems identify the same ports using different codes. The codes were developed separately, one at NMFS and the other at the State of Alaska Department of Fish and Game (ADF&G). The numerical codes identify ports where IFQ landings are made and are entered by participants when filing an IFQ prior notice of landing (PNOL) and when electronically reporting an IFQ landing (see 50 CFR part 679.5(l)). The alphabetical codes identify ports where groundfish landings are made. Alphabetical codes are entered by participants completing an ADF&G fish ticket and also by shoreside processor participants entering data into the NMFS' groundfish shoreside processor electronic logbook report (SPELR) (see 50 CFR part 679.5(c)). Tables 14a and 14b would be revised as follows: (1) numerical codes that are no longer used for IFQ landings and that do not have a corresponding alphabetical code would be removed and (2) numerical codes for ports that are geographically close enough to be reported as one port would be combined. By removing codes for ports that are not used by the fishing industry for IFQ landings, NMFS would create a more accurate list of viable port codes. This action also would reconcile port codes for both NMFS and ADF&G fishery documentation. The proposed revisions to Tables 14a and 14b are shown in the following table: Existing Port Information Port Name OLD Numerical Code OLD Alpha Code Proposed Port Information Action NEW Numerical Code NEW Alpha Code Anchor Point 104 none Remove 104 none none Auke Bay 108 none Remove 108; combine into Juneau 136 JNU Baranof Warm Springs 109 none Remove 109 none none Beaver Inlet 110 none Remove 110; combine Beaver Inlet into Dutch Harbor/ Unalaska 119 DUT Bellevue (Washington) 701 none Remove 701 none none Blaine (Washington) none BLA Add 717 717 BLA Captains Bay 112 none Remove 112; combine Captains Bay into Dutch Harbor/ Unalaska 119 DUT Chinitna Bay 114 none Remove 114 none none Douglas 118 none remove 118; combine into Juneau 136 JNU Edmonds (Washington) 703 none Remove 703 none none Edna Bay 121 none Remove 121 none none Fort Bragg(California) 501 none Remove 501 none none Fox Island (Washington) 706 none Remove 706 none none Hollis 131 none Remove 131 none none Hooper Bay 188 none Remove 188 none none Ikatan Bay 135 none Remove 135 none none Ilwaco (Washington) 707 none Remove 707 none none Kenai River 140 none Remove 140; combine Kenai River into Kenai 139 KEN Lincoln City (Oregon) 602 none Remove 602 none none Mercer Island (Washington) 709 none Remove 709 none none Nagai Island (Washington) 710 none Remove 710 none none Point Baker 157 none Remove 157 none none Port Angeles (Washington) 711 none Remove 711 none none Port Edward (CANADA) 800 none Remove 800; combine Port Edward into Prince Rupert 802 PRU Port Hardy (CANADA) 801 none Remove 801 none none Port Orchard (Washington) 712 none Remove 712 none none Port Townsend (Washington) 713 none Remove 713 none none Portage Bay 162 none Remove 162 none none Rainier (Washington) 714 none Remove 714 none none Resurrection Bay 163 none Remove 163 none none St. Lawrence 171 none Remove 171 none none Tee Harbor 173 none Remove 173; combinr into Juneau 136 JNU Thorne Bay 175 none Remove 175 none none Ugadaga Bay 179 none Remove 179 none none Vancouver (CANADA) 803 none Remove 803 none none West Anchor Cove 182 none Remove 182 none none The need, justification, and economic impacts for the actions in this proposed rule, as well as impacts of the alternatives considered, were analyzed in the RIR prepared for this action (see ADDRESSES ). A summary appears below. Prior notice of landing. The objective of the PNOL is to provide the International Pacific Halibut Commission (IPHC) monitoring personnel and NOAA Fisheries Office for Law Enforcement (OLE) personnel advance notice of vessel IFQ landings. Prior to making an IFQ landing, the operator of any vessel intending to make a landing of IFQ halibut, CDQ halibut, or IFQ sablefish must submit a PNOL to OLE. The PNOL allows OLE time to scan the IFQ database to verify the vessel and quota share (QS) information and to schedule monitoring personnel to observe the offload. The PNOL is submitted to OLE, Juneau, AK by toll-free telephone or the marine operator, unless an administrative waiver is granted by a clearing officer. Regulations at 50 CFR part 679 authorize exemptions from submittal of the PNOL for fishermen landing less than 500 lb of halibut incidentally with legal landings of lingcod harvested with dinglebar gear or legal landings of salmon. A landing completed without a PNOL would be investigated by OLE. An estimated 1,042 catcher vessels annually submit a PNOL resulting in an estimated annual total personnel cost of $52,100. The proposed action does not increase or decrease these costs because only the codes are changing, not the procedure. The IFQ cardholder must initiate a landing report of IFQ sablefish or IFQ halibut and a CDQ halibut cardholder must submit a landing report of CDQ halibut landed upon arrival at the dock. An estimated 1,042 catcher vessels annually submit an IFQ landing report resulting in an estimated annual total personnel cost of $117,225 and estimated annual total miscellaneous cost of $93,780. The proposed action does not increase or decrease these costs because only the codes are changing, not the procedure. Classification At this time, NMFS has not determined whether the amendment that this proposed rule would implement is consistent with the national standards of the Magnuson-Stevens Act and other applicable laws. NMFS, in making that determination, will take into account the data, views, and comments received during the comment period. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. This proposed rule would have no effect on any small entities because there is no effect on fishing activity. It does not impose any financial obligations on small entities. As a result, an initial regulatory flexibility analysis was not prepared. Vessel operators would be required to use the new, consolidated list of port codes when they file PNOL reports. However, the impact of this requirement would be to shorten the list of port codes in Tables 14a and 14b used in landings data collection for the Federal groundfish fisheries in the EEZ off the coast of Alaska and in the IFQ Program and would make it easier to use these tables. This action would not change reporting requirements and would remove unnecessary or potentially conflicting regulations. This proposed rule contains collection-of-information requirements subject to the Paperwork Reduction Act (PRA) and which have been approved by OMB. Under control number 0648-0272, public reporting burden for the PNOL is estimated to average 12 minutes per response; for the IFQ landing report, estimated 18 minutes per response. Under control number 0648-0401, public reporting burden for the Shoreside Processor Electronic Logbook Report (SPELR) is estimated 30 minutes per response. These estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, 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, nor shall any person be subject to a 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. This proposed rule does not duplicate, overlap, or conflict with other Federal regulations. List of Subjects in 50 CFR Part 679 Alaska, Fisheries, Recordkeeping and reporting requirements. Dated: January 23, 2004. Rebecca Lent, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For reasons set out in the preamble, 50 CFR part 679 is proposed to be amended as follows: PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA 1. The authority citation for part 679 continues to read as follows: Authority: 16 U.S.C. 773 et seq. , 1801 et seq. ; 3631 et seq. ; Title II of Division C, Pub. L. 105-277; Sec 3027, Pub. L. 106-31; 113 Stat. 57; 16 U.S.C. 1540(f); and Sec. 209, Pub. L. 106-554. Table 14 to Part 679 [Amended] 2. Tables 14a and 14b to Part 679 are revised as follows: BILLING CODE 3510-22-S EP29JA04.000 EP29JA04.001 EP29JA04.002 [FR Doc. 04-1938 Filed 1-27-04; 8:45 am]