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Fisheries of the Exclusive Economic Zone Off Alaska; Prohibited Species Donation Program
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 14, 2000 (Volume 65, Number 241)]
[Rules and Regulations]
[Page 78119-78121]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de00-19]
[[Page 78119]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 000905252-0339-02; I.D. 080700D]
RIN 0648-AN98
Fisheries of the Exclusive Economic Zone Off Alaska; Prohibited
Species Donation Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule, permanent extension of the Pacific halibut donation
program.
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SUMMARY: NMFS issues a final rule that permanently extends the existing
regulations that establish and govern the voluntary Pacific halibut
donation program. Under this program, Pacific halibut that is taken
incidentally in groundfish trawl fisheries off Alaska may be donated
for consumption by economically disadvantaged individuals rather than
discarded, as normally required. This action is necessary to promote
the goals and objectives of the Fishery Management Plan for the
Groundfish Fishery of the Bering Sea and Aleutian Islands Area (BSAI)
and the Fishery Management Plan for Groundfish of the Gulf of Alaska
(GOA) (FMPs). The intended effect of this action is to reduce the
amount of regulatory discards in the groundfish fisheries.
DATES: Effective January 1, 2001.
ADDRESSES: Copies of the regulatory impact review and environmental
assessment prepared for this action may be obtained from NMFS, Alaska
Region, P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel, or by
calling the Alaska Region, NMFS, at 907-586-7228. Comments regarding
burden estimates for collection-of-information requirements should be
sent to NMFS, Alaska Region, and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, Washington, DC
20503 (Attn: NOAA Desk Officer). Send comments on any ambiguity or
unnecessary complexity arising from the language used in this final
rule to Sue Salveson, Assistant Regional Administrator, NMFS, Alaska
Region, P.O. Box 21668, Juneau, AK 99802.
FOR FURTHER INFORMATION CONTACT: Melanie Brown, 907-586-7228.
SUPPLEMENTARY INFORMATION: The domestic groundfish fisheries in the
exclusive economic zone off Alaska are managed by NMFS under the Alaska
groundfish FMPs. The FMPs were prepared by the North Pacific Fishery
Management Council (Council) under the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). Regulations
governing the Alaska groundfish fisheries appear at 50 CFR parts 600
and 679. Fishing for Pacific halibut in waters in and off Alaska is
governed by the Convention between the United States and Canada for the
Preservation of the Halibut Fishery of the Northern Pacific Ocean and
Bering Sea and by regulations adopted by the International Pacific
Halibut Commission (IPHC) and approved by the Secretary of State of the
United States pursuant to section 4 of the North Pacific Halibut Act
(16 U.S.C. 773-773k). Regulations of the IPHC are published as annual
management measures in the Federal Register each year pursuant to
regulations at 50 CFR 300.62.
The Prohibited Species Donation (PSD) program regulations at 50 CFR
679.26 include provisions for the donation of those trawl-caught
halibut that are delivered by catcher vessels to shoreside processors.
A final rule published in the Federal Register (63 FR 32144, June 12,
1998) authorized voluntary distribution of halibut taken as bycatch in
the groundfish trawl fishery to needy individuals by tax-exempt
organizations through a NMFS-authorized distributor.
The program is limited to dead halibut landed by trawl catcher
vessels to shoreside processors. Many of the halibut taken in the
groundfish fisheries are discarded alive. However, dead halibut are
sometimes landed shoreside by trawl catcher vessels because at-sea
sorting of catch is not practicable. This action has no impact on the
halibut resource because the groundfish fisheries are restricted by
halibut bycatch mortality limits that require closure of specified
fisheries when a limit has been reached. This final rule has no impact
on target and non-target species of the groundfish fisheries harvested
because it has no effect on harvest amounts or patterns. In 1998 and
1999, 21,196 lb (9,635 kg) and 6,190 lb (2,814 kg) of eviscerated
halibut were donated through the PSD program, respectively. NMFS
estimates that the halibut donation program provided 65,000 meals to
economically disadvantaged individuals in the western Washington Puget
Sound area in 1998. No violations of the halibut donation regulations
have been reported or observed.
Without this final rule the halibut part of the PSD program would
have expired on December 31, 2000. This sunset provision was advocated
by the Council and the IPHC so that management agencies could assess
the effectiveness of the halibut donation program, relative to the
program's objectives, before the Council took action to extend the
program beyond the year 2000.
At its June 2000 meeting, the Council requested NMFS to initiate
rulemaking to permanently extend the halibut donation program. The
Council also endorsed a recommendation by IPHC staff to review the
program every 3 years and assess whether regulatory changes should be
pursued to respond to any management or enforcement concerns that may
arise in the future. With this rulemaking, NMFS permanently extends the
existing halibut provisions of the PSD program. This action makes no
other changes to the existing PSD program. NMFS, the Council, and the
IPHC will conduct a periodic review of the program and the regulations
could be revised in the future, if necessary, to respond to new
concerns.
A proposed rule to permanently implement the Pacific halibut
donation program was published in the Federal Register for a 15-day
public review and comment period (65 FR 56860, September 20, 2000). No
written comments were received during the comment period.
[[Page 78120]]
Classification
The Administrator, Alaska Region, NMFS (Regional Administrator),
has determined that this final regulatory amendment is consistent with
the FMPs, the Magnuson-Stevens Act, and other applicable laws.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this rule would not have a significant economic
impact on a substantial number of small entities. No comments were
received regarding this certification. As a result, a regulatory
flexibility analysis was not prepared.
The Assistant Administrator for Fisheries, NOAA (AA), finds for
good cause under 5 U.S.C. 553(d)(3) that delaying the effectiveness of
this final rule for 30 days would be contrary to the public interest.
Such a delay would cause the Pacific halibut donation program to
expire. The intent of this action is to have that program continue
without interruption so that its benefits to economically disadvantaged
individuals can continue. Further, the program is voluntary and no
individual has to take any action because the program remains in
effect. Accordingly, the AA is making the extension effective January
1, 2001.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
The Regional Administrator determined that activities conducted
pursuant to this rule will not affect endangered and threatened species
or critical habitat under the Endangered Species Act (ESA).
Pursuant to section 7 of the ESA, NMFS has completed a consultation
on the effects of the groundfish fishery on listed species. Reasonable
and prudent alternatives have been implemented to mitigate the adverse
impacts of the pollock fisheries on the western population of Steller
sea lion and its critical habitat (65 FR 3892, January 25, 2000, and
extended at 65 FR 36795, June 12, 2000). NMFS also completed
consultations on the effects of the 2000 BSAI groundfish fisheries on
listed species and on critical habitat. These consultations were
completed December 23, 1999, and concluded that the proposed fisheries
were not likely to cause jeopardy or adverse modification to designated
critical habitat. However, in an order dated January 25, 2000, the
District Court for the Western District of Washington (Court) concluded
that NMFS must consult pursuant to section 7 of the ESA on the fishery
management plans for the groundfish fisheries of the BSAI and GOA.
Greenpeace v. NMFS, Civ. No. 98-49ZZ (W.D. Wash.). On August 7, 2000,
the Court issued an injunction, effective August 8, 2000, prohibiting
fishing for groundfish with trawl gear in the exclusive economic zone
within Steller sea lion critical habitat west of 144 deg. W. long.
until NMFS issues a comprehensive biological opinion adequately
analyzing the full scope of the FMPs. (Greenpeace v. NMFS, 106 F. Supp.
2d 1066 (W.D. Wash. 2000)). The critical habitat areas closed by the
Court's injunction are defined in regulations codified at 50 CFR
226.202, and in Tables 1 and 2 to 50 CFR part 226. Pursuant to the ESA,
NMFS published an interim final rule prohibiting fishing for groundfish
with trawl gear in Steller sea lion critical habitat specified in the
Court's injunction (65 FR 49766, August 15, 2000). This interim final
rule was effective August 9, 2000, and will remain in effect until the
Court orders otherwise. NMFS has developed a comprehensive biological
opinion that evaluates the effects of the FMPs on endangered and
threatened species and their critical habitat as required by the Court.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to penalty for
failure to comply with a collection of information, subject to the
requirements of the Paperwork Reducation Act (PRA), unless that
collection of information displays a currently valid Office of
Management and Budget (OMB) control number.
This rule contains collection-of-information requirements subject
to the PRA. These collections of this information have been approved
under OMB control number 0648-0316. Public reporting burden (per
individual) for these collections of information, including both salmon
and halibut donations, is estimated to average as follows: 40 hours
every 3 years per application and 40 hours per year for completing a
list of vessels and processors for a NMFS authorized distributor; 9
hours per year (0.1 hrs for 90 processing days) for vessel and
processor labeling and product tracking documentation; and 15 minutes
per year for vessels/processor documentation. The estimated response
times listed include the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collections of information.
Send comments regarding this burden estimate, or any other aspect
of these data collections, including suggestions for reducing the
burden, to NMFS and OMB (see ADDRESSES).
The President has directed Federal agencies to use plain language
in their communications with the public, including regulations. To
comply with this directive, we seek public comment on any ambiguity or
unnecessary complexity arising from the language used in this final
rule. Such comments should be sent to NMFS, Alaska Region (see
ADDRESSES).
[[Page 78121]]
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and reporting requirements.
Dated: December 8, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set forth in the preamble, 50 CFR part 679 is
amended as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 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).
2. In Sec. 679.26, paragraphs (a)(2) and (b)(3)(iv) are revised to
read as follows:
Sec. 679.26 Prohibited Species Donation Program (PSD).
(a) * * *
(2) Halibut delivered by catcher vessels using trawl gear to
shoreside processors.
(b) * * *
(3) * * *
(iv) Effective period. A PSD permit issued for salmon or halibut
remains in effect for a 3-year period after the selection notice is
published in the Federal Register unless suspended or revoked. A PSD
permit issued to an authorized distributor may be renewed following the
application procedures in this section.
* * * * *
[FR Doc. 00-31917 Filed 12-13-00; 8:45 am]
BILLING CODE: 3510-22-S