20966 Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Proposed Rules

DEPARTMENT OF COMMERCE www.regulations.gov. Follow the fish in the State parallel groundfish instructions at that site for submitting fisheries. These changes are necessary to National Oceanic and Atmospheric comments. implement the Program’s sideboard Administration Copies of the regulatory impact provisions. review/initial regulatory flexibility State parallel fisheries occur in State 50 CFR Part 680 analysis (RIR/IRFA), prepared for this waters but are opened at the same time as Federal fisheries in Federal waters. [Docket No.: 060404093–6093–01; I.D. action and copies of the Bering Sea 033106A] Aleutian Islands Crab Fisheries Final State parallel fishery harvests are Environmental Impact Statement/ considered part of the Federal total RIN 0648–AU24 Regulatory Impact Review/Initial allowable catch (TAC) and federally- Regulatory Flexibility Analysis/Social permitted vessels move between State Fisheries of the Exclusive Economic Impact Assessment (EIS/RIR/IRFA/SIA) and Federal waters during the Zone Off Alaska; Allocating Bering Sea prepared for the Crab Rationalization concurrent parallel and Federal and Aleutian Islands King and Tanner Program are available from NMFS at the fisheries. The State opens the parallel Crab Fishery Resources mailing address specified above or from fisheries through emergency order by AGENCY: National Marine Fisheries the NMFS Alaska Region Web site at adopting the groundfish seasons, Service (NMFS), National Oceanic and http://www.fakr.noaa.gov. bycatch limits, and allowable gear types Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: that apply in the adjacent Federal Commerce. Gretchen Harrington, 907–586–7228 or fisheries. ACTION: Proposed rule; request for [email protected]. Sideboard Provisions comments. SUPPLEMENTARY INFORMATION: In January Sideboard limits restrict the ability of 2004, the U.S. Congress amended SUMMARY: NMFS proposes changes to vessels whose histories resulted in section 313(j) of the Magnuson-Stevens Bering Sea snow crab quota share, or the regulations implementing the Crab Act through the Consolidated Rationalization Program. This action is fishing under License Limitation Appropriations Act of 2004 (Public Law Program (LLP) licenses derived from necessary to correct two discrepancies 108–199, section 801). As amended, in the scope of the sideboard protections those vessels, to participate in GOA section 313(j)(1) requires the Secretary groundfish fisheries. The purpose of the for Gulf of Alaska (GOA) groundfish of Commerce to approve and implement sideboard limits is to prevent vessels fisheries provided in a previous by regulation the Crab Rationalization that traditionally participated in the rulemaking. Specifically, this action Program (Program), as it was approved Bering Sea snow crab fishery from using would remove the sideboard restrictions by the North Pacific Fishery the flexibility of the Program to increase from vessels that did not generate Management Council (Council). In June their participation in the GOA Bering Sea snow crab (Chionoecetes 2004, the Council consolidated its groundfish fisheries, and primarily the opilio) quota share and would apply the actions on the Program into Amendment GOA Pacific cod fishery. Historically, sideboards to federally permitted 18 to the FMP. Additionally, in June the Bering Sea snow crab fishery and vessels operating in the State of Alaska 2004, the Council developed GOA groundfish fisheries operated (State) parallel fisheries. This proposed Amendment 19 to the FMP, which concurrently from January through rule is intended to promote the goals represents minor changes necessary to March, meaning that a crab vessel and objectives of the Fishery implement the Program. owner had to decide whether to fish for Management Plan for Bering Sea/ A notice of availability for Bering Sea snow crab or GOA Aleutian Islands (BSAI) King and Amendments 18 and 19 was published groundfish but could not participate Tanner Crabs (FMP), the Magnuson- in the Federal Register on September 1, fully in both fisheries. With crab Stevens Fishery Conservation and 2004 (69 FR 53397). NMFS published a rationalization, vessel owners have the Management Act (Magnuson-Stevens proposed rule to implement flexibility to fish for snow crab during Act), and other applicable law. Amendments 18 and 19 on October 29, a greatly extended season, or to lease DATES: Written comments must be 2004 (69 FR 63200). NMFS approved their crab individual fishing quota (IFQ) received no later than May 9, 2006. Amendments 18 and 19 on November and not fish at all. This increased ADDRESSES: Send comments to Sue 19, 2004. NMFS published a final rule flexibility for crab fishermen could lead Salveson, Assistant Regional to implement Amendments 18 and 19 to increases in fishing effort in GOA Administrator, Sustainable Fisheries on March 2, 2005 (70 FR 10174) and a groundfish fisheries, especially the Division, Alaska Region, NMFS, Attn: final rule (70 FR 13097; March 18, 2005) Pacific cod fishery, and could negatively Records Administrator. Comments may to correct OMB control numbers affect the other participants in those be submitted by: provided in the final rule dated March fisheries. • Mail: P.O. Box 21668, Juneau, AK 2, 2005 (70 FR 10174). NMFS also This concern about spillover effects is 99802. published two final rules (70 FR 33390; limited primarily to the GOA where the • Hand Delivery to the Federal June 8, 2005, and 70 FR 75419; Pacific cod TAC is not allocated among Building: 709 West 9th Street, Room December 20, 2005) to correct certain gear types. In the BSAI, most of the 420A, Juneau, AK. provisions in the final rule dated March Pacific cod TAC is allocated to vessels • Fax: 907–586–7557. 2, 2005 (70 FR 10174). using longline and trawl gear, and LLP • E-mail: 0648–AU24– NMFS intends to correct two aspects license restrictions prevent the entry of [email protected]. Include in of the sideboard provisions in the new pot vessels into the BSAI Pacific the subject line of the e-mail the regulations implementing the Program. cod fishery. Hence, snow crab fishermen following document identifier: GOA One change would remove the who wish to increase their groundfish sideboards. E-mail comments, with or sideboard limits from vessels that did fishing activity would do so primarily in without attachments, are limited to 5 not generate Bering Sea snow crab quota the GOA Pacific cod fishery. megabytes. share under the Program. The second The GOA groundfish sideboard • Webform at the Federal change would clarify that the sideboards restrictions are intended to apply to any eRulemaking Portal: http:// apply to federally permitted vessels that crab vessel that: (1) Is not authorized

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under the American Fisheries Act, (2) Program included regulatory language to groundfish fisheries, and primarily the has a fishing history that generated any this effect (69 FR 63200, October 29, GOA Pacific cod fishery, because they amount of Bering Sea snow crab quota 2004). However, this language was could circumvent the directed fishing share, (3) has an LLP license earned in changed in the final rule to apply the closures by fishing in State waters. whole or in part by the crab fishing sideboards to vessels that had landings NMFS has notified the public that it history of such vessels, or (4) is fishing during the qualifying period. This will implement the sideboard limits in under an LLP license derived in whole change has the unintended consequence the State parallel fisheries in the or in part from a vessel in (1) through of applying the sideboards to vessels preamble to the proposed and final rules (4). Those snow crab vessels subject to that did not qualify for quota share. for the Program and in the notice of GOA groundfish sideboard restrictions NMFS proposes to change the regulatory availability for Amendments 18 and 19. are limited, in the aggregate, from language to reflect the original language Classification harvesting an amount of each GOA in the Program’s proposed rule. NMFS groundfish species that exceeds the received no public comments on this NMFS has determined that the percentage of each species that such aspect of the Program’s proposed rule. proposed rule is consistent with the vessels retained, in the aggregate, from The existing regulations restrict FMP and preliminarily determined that 1996 to 2000, relative to the total participation in Federal fisheries but not the rule is consistent with the retained catch of each species by all in the adjacent State waters fisheries. Magnuson-Stevens Act and other groundfish vessels during the same This omission in the regulations would applicable laws. period. The sideboard restrictions also allow vessels whose history generated This proposed rule has been are apportioned by season and/or area quota share to increase their determined to be not significant for for each GOA groundfish TAC that is participation in the groundfish fisheries. purposes of Executive Order 12866. apportioned by season or area. NMFS proposes to change the NMFS prepared an initial regulatory Some additional sideboard regulations to clarify that the GOA flexibility analysis (IRFA) as required by restrictions and exemptions for GOA groundfish sideboard directed fishing section 603 of the Regulatory Flexibility Pacific cod do not apply to other GOA closures apply to federally permitted Act (RFA). The IRFA describes the groundfish species. Any vessel subject vessels while fishing in the State economic impact this proposed rule, if to GOA groundfish sideboards that parallel fisheries. adopted, would have on small entities. landed less than 50 mt (110,231 lb) of The Council developed the sideboard A description of the action, why it is GOA groundfish between 1996 and limits to prevent vessels that being considered, and the legal basis for 2000, is prohibited from engaging in traditionally participated in the Bering it are included at the beginning of this directed fishing for GOA Pacific cod at Sea snow crab fishery from using the section in the preamble and in the all times. Additionally, any vessel that flexibility of the Program to increase SUMMARY section of the preamble. A landed less than 100,000 pounds (45.4 their participation in the GOA summary of the analysis follows. A copy mt) of Bering Sea snow crab and more groundfish fisheries, primarily the GOA of this analysis is available from NMFS than 500 mt (1,102,311 lb) of GOA Pacific cod fishery. Amendment 18 does (see ADDRESSES). Pacific cod between 1996 and 2000 is not specifically apply the sideboard Number and Description of Small exempt from the GOA Pacific cod limits to vessels operating in the State Entities Directly Regulated by the sideboard restrictions. These sideboard parallel fisheries. Amendment 18 Proposed Action restrictions also apply to any vessel required cooperatives to limit their fishing under an LLP license earned by members’ aggregate Pacific cod catch in One hundred and ninety-five entities the crab fishing history of such vessel. both Federal and State waters to the are subject to the sideboard regulations NMFS notified all persons who own sideboard amount. In a letter dated June and fish in the GOA groundfish a vessel or hold a LLP license subject to 2, 2004, NMFS requested that the fisheries. A fishing operation is the sideboard restrictions by issuing Council remove the requirement that considered to be a small entity for RFA amended Federal fisheries permits and cooperatives manage the sideboard purposes if its total annual gross LLP licenses to each affected vessel fishing activity of their members receipts, from all sources, is less than $4 owner or LLP license holder. The because NMFS determined this million. The 2004 gross revenue data amended Federal fisheries permits and provision was not practical or from the State fishticket database is LLP licenses display the type of enforceable. In the same letter, NMFS readily available and includes revenue sideboard restriction on the face of the informed the Council that it would from all fishing operations in Alaska permit or license. manage the groundfish sideboards and adjacent EEZ waters. Based on these through fleet-wide directed fishing data, as many as 189 of the 195 entities Need for Regulatory Changes closures for Federal waters and the may be considered small. This action proposes two changes to parallel fishery in State waters. The the regulations governing sideboard Council removed the cooperative Impacts on Directly Regulated Small protections for the GOA groundfish management requirement paragraph in Entities fisheries at 50 CFR part 680.22. The first Amendment 19. However, deleting this The Council created the sideboards change would remove the sideboard paragraph had the effect of removing with the expressed purpose of restrictions from vessels whose histories from the FMP the sideboard limits for restricting the owners of vessels did not generate Bering Sea snow crab vessels fishing in State waters. acquiring snow crab quota share from quota share. The second change would NMFS finds it necessary to apply the using the resulting increased clarify that the sideboard restrictions sideboard limits to federally permitted operational flexibility to expand their apply to federally permitted vessels that vessels fishing in State parallel fisheries participation in the already fully fish in the State parallel groundfish in order to implement the FMP. Without subscribed GOA groundfish fisheries. fisheries. this regulatory change, vessels that The proposed regulatory changes are The Council intended the sideboards traditionally participated in the Bering necessary owing to the introduction of to apply to vessels that qualify for Sea snow crab fishery could use the two inconsistencies that exist between Bering Sea snow crab quota share under flexibility of the Program to increase the Program provisions and the the Program. The proposed rule for the their participation in the GOA language in the implementing

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regulations. These corrections will Program (see ADDRESSES). As discussed minimize the economic impact of the implement the sideboards as intended in that analysis, the sideboard limits proposed rule on small entities. A no by the Council and mandated by section prevent these participants from using action alternative was considered, but 313(j) of the Magnuson-Stevens Act. these benefits to increase their effort in was rejected because it did not meet the Sideboards on vessels without quota the GOA groundfish fisheries. The objectives of the Program’s sideboard share. Six small entities, as defined for sideboard restrictions provide the provisions. No significant adverse RFA purposes, would be directly sideboarded vessels the ability to effects are shown for this action. maintain their historic harvest levels in regulated by the removal of the List of Subjects in 50 CFR Part 680 sideboard provisions from vessels that GOA groundfish fisheries therefore they did not generate snow crab quota shares. do not make the sideboarded vessels Alaska, Fisheries, Reporting and These six are currently, although worse-off economically. Vessels with recordkeeping requirements. inadvertently, subject to the economic minimal harvests in the snow crab Dated: April 17, 2006. fisheries and substantial harvests in the burden of the sideboard restrictions, John Oliver, despite not having qualified for snow Pacific cod fishery would be exempt from the sideboard restrictions, since Deputy Assistant Administrator for crab quota shares. The proposed action Operations, National Marine Fisheries would lift this uncompensated burden these vessels have little dependence on Service. the crab fisheries. In addition, vessels from these six small entities by For the reasons set out in the with less that a minimum historic removing their sideboard restrictions. preamble, NMFS proposes to amend 50 harvest from GOA groundfish fisheries Sideboards in the State parallel CFR part 680 as follows: groundfish fisheries. As promulgated, are not permitted to participate in GOA the current language may allow groundfish fisheries. PART 680—SHELLFISH FISHERIES OF federally permitted vessels to The proposed action does not likely THE EXCLUSIVE ECONOMIC ZONE circumvent the Program’s sideboards by have the potential to impose OFF ALASKA fishing only in the State parallel disproportionate impacts on small groundfish fisheries in the GOA. Since entities, relative to large entities. The 1. The authority citation for part 680 the start of the 2006 A season Pacific regulatory change applying the continues to read as follows: cod fishery (the first GOA groundfish sideboard constraints to State waters Authority: 16 U.S.C. 1862. opening following implementation of during the parallel fisheries would 2. In § 680.22, paragraph (a)(1)(i) is the current Program provisions), no provide all qualifying vessels, large and revised and paragraph (f) is added to vessels prohibited by these sideboard small, a level playing field upon which read as follows: to operate, as had been the intention of provisions from fishing for Pacific cod the Council from the outset. Because § 680.22 Sideboard protections for GOA have fished in the State parallel this change merely rescinds an groundfish fisheries. fisheries. The fact that no vessels unintentional and unexploited currently are exploiting this loophole in * * * * * regulatory loophole, the only possible the regulations is testament to the clear (a) * * * effect is to codify the commonly held intent that the sideboards apply to the (1) * * * understanding among the fishing State parallel fisheries, and the plain (i) Any non-AFA vessel that made a industry of the sideboard rule. legal landing of Bering Sea snow crab language understanding of the term This proposed rule does not have the ‘‘GOA.’’ This action proposes to correct (C. opilio) between January 1, 1996, and potential to significantly reduce profits December 31, 2000, that generated any the sideboard provisions of the for small entities. The absence of cost Program’s implementing regulations, by amount of Bering Sea snow crab (C. data precludes quantitative estimation opilio) fishery QS; and applying them to federally permitted of potential impacts on profitability, * * * * * vessels fishing in State parallel although these would be expected to be (f) Sideboard protections in the State groundfish fisheries. Therefore, the minimal, because no vessels chose to of Alaska parallel groundfish fisheries. preferred action has no economic effects exploit this loophole in the 2006 A Vessels subject to the sideboard beyond those considered in the EIS/RIR/ season (the first groundfish fishery after restrictions under paragraph (a) of this IRFA/SIA prepared for the Program (see sideboard implementation). ADDRESSES). This regulation does not impose new section, that are required to have a Sideboard restrictions prevent adverse recordkeeping and reporting Federal Fisheries Permit and/or LLP spillover effects in other fisheries from requirements on any directly regulated license, shall be subject to the an influx of effort from the rationalized small entities. regulations of this section while crab fisheries. The Crab Rationalization This analysis did not reveal any participating in any groundfish fishery Program, because it issued quota share Federal rules that duplicate, overlap or in State waters adjacent to the GOA to vessel owners and provided them the conflict with the proposed action. opened by the State of Alaska and for ability to form cooperatives, provides No significant alternatives to the which the State of Alaska adopts a these directly regulated entities huge proposed rule exist that accomplish the Federal fishing season. economic benefits, as discussed in the stated objectives, are consistent with [FR Doc. E6–6030 Filed 4–21–06; 8:45 am] EIS/RIR/IRFA/SIA prepared for the applicable statutes, and would BILLING CODE 3510–22–S

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