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61964 Federal Register / Vol 61964 Federal Register / Vol. 64, No. 219 / Monday, November 15, 1999 / Rules and Regulations DEPARTMENT OF COMMERCE by NMFS and the U.S. Coast Guard retained against pollock, the status of (USCG) for the fishing industry in other fisheries is not relevant. For National Oceanic and Atmospheric Alaska and Washington State, example, fishermen cannot retain Administration November 1998 through January 1999. pollock roe against Pacific cod; NMFS responds to these comments in however, fishermen can retain pollock 50 CFR Part 679 the Response to Comments section of roe against incidental pollock catch that [Docket No. 981224323±9226±02; I.D. this document. are retained under an MRB for pollock 120198B] While some of the revisions are while in a Pacific cod fishery. No substantive, most are technical edits and adverse effect is anticipated from using RIN 0648±AL23 clarifications of definitions. Most of the same definition of fishing trip for Fisheries of the Exclusive Economic these changes are needed to simplify the MRBs, IR/IU, and roe stripping. As a Zone Off Alaska; Revisions to language. A description of the revisions result of this change, a new fishing trip Recordkeeping and Reporting and their justification are presented in will be triggered more often with respect Requirements the preamble to the proposed rule and to roe stripping, which will mean less are not repeated here. opportunity to top off with pollock roe. AGENCY: National Marine Fisheries Steller Sea Lion Protection Areas. Due Changes to the Final Rule From the Service (NMFS), National Oceanic and to changes resulting from emergency Proposed Rule Atmospheric Administration (NOAA), rulemaking to protect Steller sea lions, Commerce. The final rule includes the following the term ``Steller Sea Lion Protection ACTION: Final rule. changes from the proposed rule: Areas'' is revised by removing the text Definitions (§ 679.2) ``(see Figure 16 to this part, § 679.22(g) SUMMARY: NMFS issues a final rule to of this part, and § 227.12 of this title)'' revise permitting, recordkeeping, and The following definitions in § 679.2 and by adding in its place ``(see reporting requirements for fisheries of are revised. § 679.22(a)(7), (a)(8), and (b)(2) and the Exclusive Economic Zone (EEZ) off ADF&G fish ticket number. The term § 227.12 of this title).'' Alaska. These revisions are necessary to ``ADF&G fish ticket number'' is revised Permits (§ 679.4) clarify and simplify existing text, by removing the words ``groundfish facilitate management of the fisheries, series of fish tickets'' and ``(i.e., G)'' and The heading of § 679.4(e) is revised promote compliance with the by adding in their place ``(i.e., G = from ``Halibut/sablefish CDQ permits regulations, and facilitate enforcement groundfish).'' and CDQ cards'' to read ``Halibut CDQ efforts. This action is intended to further Authorized fishing gear. The term permits and CDQ cards'' and the cross the goals and objectives of the Fishery ``authorized fishing gear'' is revised by reference in the heading is revised from Management Plan for Groundfish of the removing the text ``paragraph 679.24'' ``679.33(a) and (b)'' to read ``679.32(f).'' Gulf of Alaska and of the Fishery and by adding in its place ``§ 679.24.'' Fishing trip. Paragraph (1) of the term Recordkeeping and Reporting (§ 679.5) Management Plan for the Groundfish ``fishing trip'' is revised by removing the Fishery of the Bering Sea and Aleutian NMFS received and agreed with many words ``groundfish directed fishing Islands Area (FMPs). verbal comments received at five R&R closures,'' adding the text ``MRB,'' and workshops conducted by NMFS'' Alaska DATES: Effective December 15, 1999. by placing pollock roe stripping under Region Sustainable Fisheries Division FOR FURTHER INFORMATION CONTACT: the new heading ``retention staff and the USCG's North Pacific Patsy A. Bearden, 907±586±7228. requirements.'' NMFS inadvertently Regional Fisheries Training Center SUPPLEMENTARY INFORMATION: omitted roe stripping from the term instructors. Comments that were non- ``fishing trip.'' In February 1996, BSAI substantive changes were integrated into Background regulations at § 675.20(j)(4) established a the regulatory text in this rule. For NMFS manages the groundfish pollock roe fishing trip definition by example, where the regulatory text was fisheries in the EEZ off Alaska under cross-referencing it to the fishing trip identified as too complicated, the authority of the FMPs prepared by the definition at § 672.20(h)(2). After several regulations were converted into table North Pacific Fishery Management final rules, a major regulatory form without changing the substance. Council (Council) under the authority of consolidation rule, aiming at Also, details of instructions for a single the Magnuson-Stevens Fishery centralizing all definitions under topic formerly found in several places Conservation and Management Act § 679.2, inadvertently removed the link throughout the regulations were (Magnuson-Stevens Act), 16 U.S.C., between pollock roe and a fishing trip. reorganized for simplicity. These 1801 et seq. The FMPs are implemented This final rule corrects previous suggestions agree with the recent by regulations at 50 CFR part 679. regulatory actions and standardizes the Presidential Memorandum on Plain General regulations that also pertain to definition of fishing trip for all the Language. these fisheries appear in subpart H of 50 retention requirements (maximum Section 679.5(a)(1). The heading of CFR part 600. retainable bycatch amounts (MRB), § 679.5(a)(1)(v) is revised by removing On February 5, 1999, NMFS Increased Retention/Increased the text ``IFQ sablefish or halibut published proposed revisions to several Utilization (IR/IU), and pollock roe fisheries'' and adding ``IFQ sablefish or sections of the implementing stripping) by adding pollock roe IFQ/CDQ halibut fisheries'' in its place, regulations for these FMPs that pertain retention to paragraph (l) of the and by removing the words ``in an IFQ to permitting, recordkeeping, and definition for fishing trip. The fishery in addition'' and adding in their reporting (64 FR 5868). Public comment difference between a roe fishing trip and place ``in an IFQ fishery or halibut CDQ was invited through February 22, 1999. an MRB fishing trip is that an MRB fishery in addition.'' No letters of comment were received by fishing trip is triggered anytime there is Groundfish logbooks and forms the end of the comment period; a closure to any species within the same (§ 679.5(a)(4)). Paragraph (a)(4) is however, many verbal comments were area. Roe fishing trips are not triggered revised. Section 679.5(a)(4)(i) is divided received at five recordkeeping and by the closure of another groundfish into three new paragraphs (a)(4)(i), (ii), reporting (R&R) workshops conducted species. Because pollock roe can only be and (iii). Paragraph (a)(14)(ii)(B) is VerDate 29-OCT-99 16:09 Nov 12, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\15NOR2.XXX pfrm11 PsN: 15NOR2 Federal Register / Vol. 64, No. 219 / Monday, November 15, 1999 / Rules and Regulations 61965 redesignated as new paragraph Paragraph (a)(14) is revised; information (c)(3)(i)(B)(4)(iii)(B) as paragraph (a)(4)(iii). on retention of records is moved to (c)(3)(i)(B)(4)(iv). Maintenance of records paragraph (a)(13). The heading of Section 679.5(c)(3)(i)(E) is revised to (§ 679.5(a)(6)). Paragraph (a)(6) is paragraph (a)(14) is revised from instruct the operator to enter amounts of revised to include a section on product ``Submittal, retention, and distribution CDQ halibut, when applicable, and species codes (see description of logbooks and forms'' to read separately from IFQ halibut when under ``Table 1'' and ``Table 2'' to this ``Submittal and distribution of logbooks recording in the groundfish/IFQ DFL or preamble). Paragraphs (a)(4)(ii) and (iii), and forms.'' daily cumulative production logbook which describe R&R requirements after Delivery information for buying (DCPL) in the column entitled ``IFQ reinstatement of a permit, are station, mothership, and shoreside halibut.'' redesignated as new paragraphs processor (§ 679.5(a)(15)). Paragraph Section 679.5(c)(3)(i)(E)(7) is revised, (a)(6)(ii)(A) and (B), respectively. (a)(15) is revised. Paragraph (a)(15)(ii) is and a new paragraph (E)(8) is added to Active and inactive periods removed because it described include CDQ halibut. (§ 679.5(a)(7)). In response to an R&R requirements for use with ``gear type = Paragraphs (c)(3)(i)(E)(7) and (8), workshop comment that ``active, no- PTR transfer'; these requirements were which describe set and haul fishing periods'' be treated the same as removed in previous rules. Paragraphs information, are revised to indicate that ``inactive periods'' in the logbooks, (a)(15)(iii) through (x) are redesignated halibut is recorded in net weight. § 679.5(a)(7)(ii) is revised to allow the to read as (a)(15)(ii) through (ix), To correct a paragraph misdesignation use of one logsheet to indicate a period respectively. Newly designated in § 679.5, the second paragraph of more than 1 day when a participant paragraph (a)(15)(ii) is revised into table (c)(3)(v) entitled ``Comments'' is is active (``active'' for a catcher vessel format. Newly designated paragraph redesignated as paragraph (c)(3)(vi). means the vessel is in a reporting area) (a)(15)(vii) is corrected by adding a new Groundfish product transfer report but not conducting fishing activity. paragraph (a)(15)(vii)(B) that was (§ 679.5(g)) Section 679.5(a)(7)(iii) is revised so Section 679.5(g)(1)(i). Paragraph inadvertently omitted from the that ``START'' and ``END'' date boxes (g)(1)(i) is revised by correcting the proposed rule and that requires may be used to record the first day and wording of the cross reference from motherships to record IR/IU pollock and last day that a participant is active but ``(g)(1)(iv)'' to read ``(g)(1)(v).'' Pacific cod by round catch weight.
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