[Federal Register Volume 75, Number 75 (Tuesday, April 20, 2010)]
[Rules and Regulations]
[Pages 20526-20527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9065]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0911161406-0170-03]
RIN 0648-AY37
Fisheries of the Exclusive Economic Zone Off Alaska; Individual
Fishing Quota Program; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correction.
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SUMMARY: This action corrects a final rule published on December 15,
2008, that revised the Individual Fishing Quota (IFQ) Program for the
sablefish and halibut fisheries off Alaska. The December 2008 final
rule erroneously removed a paragraph requiring the IFQ permit holder be
aboard the vessel at all times during a fishing trip and be present
during the landing of harvested fish. This action corrects the error by
restoring the removed paragraph, thereby eliminating the public's
possible confusion about the program's owner-on-board requirements and
restoring NMFS' ability to enforce the provision. This action is
intended to promote the goals and objectives of the Northern Pacific
Halibut Act of 1982 (Halibut Act), the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), and other
applicable law.
DATES: Effective April 20, 2010.
FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
The IFQ Program, a limited access management system for the fixed
gear Pacific halibut (Hippoglossus stenolepis) and sablefish
(Anoplopoma fimbria) fisheries off Alaska, was recommended by the
Council in 1992 and approved by NMFS in January 1993. Initial
implementing rules were published on November 9, 1993 (58 FR 59375).
Fishing under the IFQ program began on March 15, 1995. The IFQ Program
limits access to the halibut and sablefish fisheries to those persons
holding quota share (QS) in specific management regions. The IFQ
Program for the sablefish fishery is implemented by Amendment 15 to the
Fishery Management Plan for the Groundfish Fishery of the Bering Sea
and Aleutian Islands area (BSAI), Amendment 20 to the FMP for
Groundfish Fishery of the Gulf of Alaska (GOA), and implemented by
Federal regulations at 50 CFR part 679 under authority of the Magnuson-
Stevens Act. The IFQ Program for the halibut fishery is implemented by
Federal regulations at 50 CFR part 679 under the authority of the
Halibut Act.
The IFQ Program's principal management measures, with certain
exceptions, were: to limit the amount of QS that could be used by any
person; to limit the amount of IFQ halibut or sablefish that could be
harvested on a vessel; and for catcher vessels, to require the IFQ
permit holder to be onboard the vessel during fishing operations. An
IFQ permit authorizes participation in fixed-gear harvests of Pacific
halibut off Alaska, and most sablefish fisheries off Alaska. The
requirement for the IFQ permit holder to be on board the vessel at all
times during the fishing trip and to be present at the landing of fish
ensures active participation in the fishery by IFQ permit holders,
which has an important objective of the Council. The requirement also
guaranteed the IFQ permit holder's presence at landing for interviews
by the enforcement personnel and to resolve any issues regarding QS
account management, such as landing fish in excess of the permit
holder's IFQ account. Although the requirement was published in the IFQ
program's initial regulations in 1993, the regulatory text was revised
at paragraph 679.42(c)(1)(ii) by a final rule (68 FR 44473) published
July 29, 2003.
Need for Correction
On June 29, 2007, NMFS published a proposed rule to implement a new
Internet-based fisheries landings information system, called
``eLandings,'' and revise other recordkeeping and
[[Page 20527]]
reporting requirements (72 FR 35748). The proposed rule also included
revisions to regulations governing fishing permits, including the IFQ
program permits. NMFS published a supplemental proposed rule (73 FR
55368) that further reorganized recordkeeping and reporting regulatory
text, permit requirements, and integrated the electronic and non-
electronic requirements. The proposed and supplemental proposed
regulatory changes were complex and technical. NMFS published a final
rule (referred to below as the Interagency Electronic Reporting System
(IERS) Rule) in the Federal Register on December 15, 2008 (73 FR
76136).
Section 679.42(c) was among the regulations that were reorganized
by the IERS Rule. The section describes conditions on the use of QS and
IFQ. The IERS Rule removed all of the sub-paragraphs from 679.42(c) and
in an attempt to streamline text, revised the paragraph.
The revision resulted in the erroneous omission of the words ``and
must be'' before the word ``aboard''. The resulting regulatory text
requires that a valid IFQ permit be aboard the vessel, but removed in
error the requirement that the holder of the permit must be aboard the
vessel at all times during the fishing trip and be present during the
landing.
This action corrects the existing paragraph 679.42(c) by revising
it.
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 because it is
contrary to the public interest. No aspect of this action is
controversial. It was not NMFS' intent in the IERS rule to remove the
requirement that QS holders who harvest halibut or sablefish with fixed
gear be aboard the vessel at all times during the fishing trip and
present during the landing. As discussed in the preamble above, this
unintended omission was the result of the agency's reorganization of
the regulations. The agency seeks to correct immediately this error to
eliminate potential confusion by the regulated public as this
inadvertent omission was not discussed in the IERS preambles or
analyzed in the supporting document. If left unrevised, the measure
creates ambiguous guidance, and thus is likely to mislead fisheries
participants and may weaken regulatory enforcement efforts. Without the
holder's presence at landings, it is difficult for NMFS enforcement
officers to verify how much was caught at any particular time during a
fishing trip or ensure access to the individual primarily responsible
for the QS account management, such as overages. Further, the 2010 IFQ
halibut and sablefish fishing season opened on March 6, 2010. If NMFS
enforcement cannot verify catch amounts in the current opening, then
catch-accounting managers will likely be unable to prevent overfishing
or foresee excessive catches that result in harm to both IFQ holders
and the biological resource.
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 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.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: April 14, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
0
For reasons explained in the preamble, 50 CFR part 679 is corrected by
making the following correcting amendment:
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.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447.
0
2. In Sec. 679.42, paragraph (c) is revised to read as follows:
Sec. 679.42 Limitations on use of QS and IFQ.
* * * * *
(c) Permit holder aboard requirement. Any individual who harvests
halibut or sablefish with fixed gear must have a valid IFQ permit, and
if a hired master is conducting the harvest, a valid IFQ hired master
permit, and must be aboard the vessel at all times during the fishing
trip and be present during the landing.
* * * * *
[FR Doc. 2010-9065 Filed 4-19-10; 8:45 am]
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