82 FR 52011 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Management Area; American Fisheries Act; Bering Sea and Aleutian Islands Crab Rationalization Program
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 216 (November 9, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 216 (November 9, 2017)
| Page Range | 52011-52014 | |
| FR Document | 2017-24403 |
[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)] [Rules and Regulations] [Pages 52011-52014] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24403] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 679 and 680 [Docket No. 170412391-7999-02] RIN 0648-BG84 Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Management Area; American Fisheries Act; Bering Sea and Aleutian Islands Crab Rationalization Program AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: NMFS issues regulations to implement Amendment 48 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP) and to revise regulations implementing the American Fisheries Act (AFA) Program and the [[Page 52012]] Crab Rationalization (CR) Program. This final rule revises the Crab FMP and regulations that govern how NMFS determines the amount of limited access privileges held and used by groups in the Western Alaska Community Development Quota Program (CDQ Program) for the purposes of monitoring the excessive share limits under the AFA Program and the CR Program. This final rule is necessary to align regulations and the Crab FMP to be consistent with an amendment to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and NMFS' current method of monitoring excessive share limits for CDQ groups in the AFA Program and the CR Program. This final rule is intended to promote the goals and objectives of the Magnuson-Stevens Act, the Crab FMP, and other applicable law. DATES: Effective December 11, 2017. ADDRESSES: Electronic copies of Amendment 48 to the Crab FMP, the Regulatory Impact Review (RIR), and the Categorical Exclusion prepared for this action are available from http://www.regulations.gov or from the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov. The CR Program Environmental Impact Statement (EIS), RIR, and Final Regulatory Flexibility Analysis, as well as the AFA Program EIS and RIR, are available from the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov. FOR FURTHER INFORMATION CONTACT: Stephanie Warpinski, 907-586-7228. SUPPLEMENTARY INFORMATION: This final rule implements Amendment 48 to the Crab FMP and regulatory amendments to the CR Program. NMFS published a notice of availability for Amendment 48 to the Crab FMP in the Federal Register on August 3, 2017 (82 FR 36111). Comment on Amendment 48 was invited through October 2, 2017. The Secretary of Commerce approved Amendment 48 on October 31, 2017, after accounting for information from the public, and determining that Amendment 48 is consistent with the Crab FMP, the Magnuson-Stevens Act, and other applicable law. NMFS published the proposed rule to implement Amendment 48 on August 22, 2017 (82 FR 39743). The comment period on the proposed rule ended on September 21, 2017. NMFS received 1 comment on the proposed rule. A summary of the comment and NMFS' responses is provided in the Comments and Responses section of this preamble. This final rule modifies regulations at 50 CFR 679.2, 679.7, 680.2, and 680.42 that specify how NMFS determines holding and use of limited access privileges (LAPs) for the purposes of monitoring excessive share limits for CDQ groups under the AFA Program and the CR Program. The following section of the preamble provides a brief description of the AFA, CR, and CDQ Programs, and the elements of these programs that apply to Amendment 48 and this final rule. For a more detailed description, please see the preamble of the proposed rule (82 FR 39743; August 22, 2017) and Sections 2.6 through 2.8 of the RIR (see ADDRESSES). Excessive Share Limits Section 303A(c)(5)(D) of the Magnuson-Stevens Act requires NMFS to establish excessive share limits to prevent excessive consolidation of harvesting and processing LAPs in order to maintain an appropriate distribution of economic and social benefits for fishery participants and communities (16 U.S.C. 1853a(c)(5)(D)). Because determination of excessive shares must consider the specific circumstances of each fishery, the North Pacific Fishery Management Council (Council) and NMFS have implemented different excessive share limits in the LAP programs in Alaska's fisheries, including the AFA and CR Programs. NMFS implemented use caps for the AFA Program in 2002 (67 FR 79692; December 30, 2002) and holding and use caps for the CR Program in 2005 (70 FR 10174; March 2, 2005). Regulations at 50 CFR 679.2, 679.7, 680.2, and 680.42 prohibit a person from using more than the harvesting and processing limits established in the AFA Program and from holding and using more than a specific portion of the LAPs allocated under the CR Program. Under 50 CFR 679.2, ``person'' includes individuals, corporations, partnerships, associations, and other non-individual entities. NMFS determines a person's holding and use of a LAP in the AFA Program and CR Program by summing (1) the amount directly held and used by that person, and (2) the amount held and used by that person indirectly through an ownership interest in or control of another entity that also holds and uses the LAPs. Ownership attribution refers to the method NMFS uses to assess the relationships between different entities that participate in LAP programs. NMFS uses two ownership attribution methods to determine the holding and use of LAPs. These two methods for attributing holding and use of a LAP are commonly known as the ``individual and collective rule'' and the ``10-percent rule.'' Under the individual and collective rule, NMFS attributes holding and use of LAPs by one person proportionally to their ownership in or control of another entity that holds and uses LAPs. For example, if Company A has a 15 percent ownership of Company B that holds LAPs, Company A would be attributed 15 percent of Company B's holding and use of the LAPs. In contrast, under the 10-percent rule, a person is attributed 100 percent of an entity's LAPs if that person owns or otherwise controls 10 percent or more of that entity. Thus, if Company A owns or controls 10 percent or more of Company B, then 100 percent of Company B's holdings and use of LAPs are attributed to Company A. When a person owns or controls 10 percent or more of another entity, the individual and collective rule is less restrictive than the 10-percent rule because a person is only attributed holding and use of LAPs in proportion to how much that person owns or controls of other entities, rather than attributing 100 percent of the other entity's LAP holdings once the 10-percent ownership or control threshold is met. Under a holding and use cap, the individual and collective rule would allow a person to hold and use more LAPs than if the person was evaluated using the 10-percent rule. AFA Program Use Caps Section 210(e)(1) of the AFA restricts an individual, corporation, or other entity to harvesting no more than 17.5 percent of the pollock available to be harvested in the directed pollock fishery. Section 210(e)(2) of the AFA directed the Council to recommend for Secretarial approval conservation and management measures to prevent any particular individual or entity from processing an excessive share of pollock available in the directed pollock fishery. The Council and NMFS set this limit at 30 percent of the sum of the directed fishing allowances for pollock (67 FR 79692, 79698; December 30, 2002). Every year, these limits are published in the annual harvest specifications (see 81 FR 14773; March 18, 2016 (final 2016-2017 harvest specifications); see also 81 FR 52367; August 8, 2016). Section 210(e)(3) of the AFA also specified that any entity in which 10 percent or more of the interest is owned or controlled by another individual or entity shall be considered to be the same entity as the other individual or entity for purposes of monitoring the harvesting and processing use caps. This section of the AFA directed NMFS to use the 10-percent rule to determine the use of AFA Program harvesting and processing privileges. [[Page 52013]] CR Program Use Caps The CR Program was implemented on April 1, 2005 (70 FR 10174; March 2, 2005). The CR Program established a LAP program for nine crab fisheries in the Bering Sea and Aleutian Islands (BSAI) and assigned quota share (QS) to persons based on their historic participation in one or more of those nine BSAI crab fisheries during a specific period. Each year, a person who holds QS may receive an exclusive harvest privilege called individual fishing quota (IFQ). NMFS also issued processor quota share (PQS) under the CR Program. Each year, PQS yields an exclusive privilege to process a portion of the IFQ in each of the nine BSAI crab fisheries, called individual processor quota (IPQ). The CR Program includes limits on the amount of QS and PQS that a person can hold and the amount of IFQ and IPQ that a person can use (see Section 2.7 of the RIR for more information). For processing privileges, the CR Program limits a person to holding no more than 30 percent of the PQS initially issued in the fishery, and to using no more than the amount of IPQ resulting from 30 percent of the PQS initially issued in a given fishery, with a limited exemption for persons receiving more than 30 percent of the initially- issued PQS (50 CFR 680.42(b)). 50 CFR 680.42(b)(3) specifies that NMFS uses the 10-percent rule to monitor holding and use caps for PQS and IPQ for all CR Program participants as recommended by the Council and addressed in the preamble to the proposed rule for the CR Program (69 FR 63200, 63219, and 63226; October 29, 2004). Use Caps for CDQ Groups The CDQ Program was established by the Council and NMFS in 1992, and authorization for the Program was incorporated into the Magnuson- Stevens Act in 1996. The purpose of the CDQ Program is (1) to provide eligible western Alaska villages with the opportunity to participate and invest in fisheries in the BSAI, (2) to support economic development in western Alaska, (3) to alleviate poverty and provide economic and social benefits for residents of western Alaska, and (4) to achieve sustainable and diversified local economies in western Alaska (16 U.S.C. 1855(i)(1)(A)) (see Section 2.8 of the RIR). CDQ groups participate in LAP programs, including the AFA and the CR Programs, by purchasing harvesting and processing privileges and through ownership of vessels and processors that participate in these fisheries. The Magnuson-Stevens Act was amended by the Coast Guard and Maritime Transportation Act of 2006 (Pub. L. 109-241; the Coast Guard Act) to specify the method that NMFS must use for monitoring excessive share limits as they apply to CDQ groups--the proportional or ``individual and collective'' rule. NMFS implemented in practice the method specified in the 2006 amendment to the Magnuson-Stevens Act for CDQ groups to monitor excessive share limits in the AFA Program and the CR Program; however, the Crab FMP and the regulations for the AFA Program and the CR Program were not revised to be consistent with the 2006 amendment to the Magnuson-Stevens Act. This Final Rule This section of the preamble provides a brief description of this final rule. For a more detailed description of the rationale for this final rule, see the preamble of the proposed rule (82 FR 39743; August 22, 2017). This final rule revises the AFA Program to specify that NMFS uses the individual and collective rule for CDQ groups to attribute harvesting and processing privileges of AFA pollock proportionally to the CDQ groups' ownership or control of vessels and processors active in those fisheries. For example, if a CDQ group owns 15 percent of an entity that uses AFA harvesting and processing privileges, the CDQ group will be attributed 15 percent of the harvesting or processing privileges of that company for purposes of monitoring excessive harvesting and processing use caps under the AFA. This final rule also implements Amendment 48 to the Crab FMP and revises the CR Program to specify that NMFS uses the individual and collective rule for CDQ groups to attribute holding and use of PQS and IPQ based on the CDQ groups' proportional ownership or control of entities that hold and use PQS and IPQ. For example, if a CDQ group owns 15 percent of a company that holds or uses PQS or IPQ, the CDQ group will be attributed 15 percent of the holding or use of that PQS or IPQ. NMFS has used the individual and collective rule for CDQ group ownership attribution for the AFA Program and the CR Program since enactment of the Coast Guard Act; however, the regulations and the Crab FMP for the PQS and IPQ holding and use caps have not been updated to reflect this change. This final rule updates the regulations, and Amendment 48 amends the Crab FMP, to be consistent with the Magnuson- Stevens Act and NMFS' current method of ownership attribution for CDQ groups. This final rule and Amendment 48 to the Crab FMP benefit CDQ groups and the public by clarifying the method NMFS uses to attribute holding and use of harvesting and processing privileges by CDQ groups for purposes of monitoring holding and use caps for the AFA and CR Programs. This final rule does not alter the regulations for the QS and IFQ holding and use caps under the CR Program because current CR Program regulations specify that NMFS uses the individual and collective rule for all program participants, including CDQ groups, to attribute any participants' holding and use of QS and IFQ based on their proportional ownership or control of entities that hold and use QS and IFQ. This final rule revises 50 CFR 679.2, 679.7(k)(6) and (7), 680.2, and 680.42(b) to specify that NMFS uses the individual and collective rule for CDQ groups for purposes of ownership attribution in the AFA Program and the CR Program. In this final rule, NMFS clarifies the amendatory text from the proposed rule to specify that only the introductory text to the definition of Affiliation for the purpose of defining AFA and the Rockfish Program is revised to specify that CDQ groups are not subject to the 10-percent rule for purposes of affiliation. This final rule does not modify the remainder of the definition that describes the specific components of the 10-percent rule for the AFA Program and the Rockfish Program. NMFS did not make any changes to the regulatory text from the proposed rule to the final rule. Comments and Responses Comment 1: The commenter states that NMFS should consider rolling over unused quota or total allowable catches (TACs) to the next year to provide additional flexibility for harvesters. The commenter suggests that NMFS should prevent too many fish from being harvested, especially small fish and breeding females. Response: This comment addresses management issues that are beyond the scope of Amendment 48 and this regulatory action. This final rule does not change the process of allocating quota or establishing TACs under the AFA Program or the CR Program, nor will this final rule change specific management measures that govern the harvest of pollock and crab in the BSAI, such as fishing location, timing, effort, or authorized gear types. This final rule revises regulations describing the method NMFS uses to determine the [[Page 52014]] amount of limited access privileges held and used by CDQ groups for the purposes of monitoring the excessive share limits under the AFA Program and the CR Program. Classification The Administrator, Alaska Region, NMFS, has determined that Amendment 48 to the Crab FMP and this final rule are necessary for the conservation and management of the AFA, CR, and CDQ Program fisheries and are consistent with the Magnuson-Stevens Act and other applicable laws. This final rule has been determined to be not significant for the 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 during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required, and none was prepared, pursuant to 5 U.S.C. 605. List of Subjects 50 CFR Part 679 Alaska, Fisheries, Reporting and recordkeeping requirements. 50 CFR Part 680 Alaska, Reporting and recordkeeping requirements. Dated: November 6, 2017. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, NMFS amends 50 CFR part 679 and part 680 as follows: PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA 0 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.; 3631 et seq.; Pub. L. 108-447; Pub. L. 111-281. 0 2. In Sec. 679.2, revise the definitions for ``AFA entity'' and the introductory text to the definition for ``Affiliation for the purpose of defining AFA and the Rockfish Program'' to read as follows: 679.2 Definitions. * * * * * AFA entity means a group of affiliated individuals, corporations, or other business concerns, except for a CDQ group, that harvests or processes pollock in the BS directed pollock fishery. * * * * * Affiliation for the purpose of defining AFA and the Rockfish Program means a relationship between two or more individuals, corporations, or other business concerns, except CDQ groups, in which one concern directly or indirectly owns a 10 percent or greater interest in another, exerts control over another, or has the power to exert control over another; or a third individual, corporation, or other business concern directly or indirectly owns a 10 percent or greater interest in both, exerts control over both, or has the power to exert control over both. * * * * * 0 3. In Sec. 679.7, revise paragraphs (k)(6) and (7) to read as follows: Sec. 679.7 Prohibitions. * * * * * (k) * * * (6) Excessive harvesting shares. It is unlawful for an AFA entity or a CDQ group to harvest, through a fishery cooperative or otherwise, an amount of BS pollock that exceeds the 17.5 percent excessive share limit specified under Sec. 679.20(a)(5)(i)(A)(6). A CDQ group's harvest of BS pollock will be calculated through its proportional ownership of individuals, corporations, or other business concerns that harvest BS pollock. The owners and operators of the individual vessels comprising the AFA entity or CDQ group that harvest BS pollock will be held jointly and severally liable for exceeding the excessive harvesting share limit. (7) Excessive processing shares. It is unlawful for an AFA entity or a CDQ group to process an amount of BS pollock that exceeds the 30- percent excessive share limit specified under Sec. 679.20(a)(5)(i)(A)(7). The amount of BS pollock processed by a CDQ group will be calculated through its proportional ownership of individuals, corporations, or other business concerns that process BS pollock. The owners and operators of the individual processors comprising the AFA entity or CDQ group that process BS pollock will be held jointly and severally liable for exceeding the excessive processing share limit. * * * * * PART 680--SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA 0 4. The authority citation for 50 CFR part 680 continues to read as follows: Authority: 16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479. 0 5. In Sec. 680.2, in the definition of ``Affiliation'', revise the introductory text and paragraph (1) introductory text to read as follows: Sec. 680.2 Definitions. * * * * * Affiliation means a relationship between two or more entities, except for CDQ groups, in which one directly or indirectly owns or controls a 10 percent or greater interest in, or otherwise controls, another, or a third entity directly or indirectly owns or controls a 10 percent or greater interest in, or otherwise controls, both. For the purpose of this definition, the following terms are further defined: (1) Entity. An entity may be an individual, corporation, association, partnership, joint-stock company, trust, or any other type of legal entity, except for a CDQ group, any receiver, trustee in bankruptcy or similar official or liquidating agent, or any organized group of persons whether incorporated or not, that holds direct or indirect interest in: * * * * * 0 6. In Sec. 680.42, revise paragraphs (b)(3)(ii) through (iv) to read as follows: Sec. 680.42 Limitations on use of QS, PQS, IFQ, and IPQ. * * * * * (b) * * * (3) * * * (ii) Is not a CDQ group and directly or indirectly owns a 10 percent or greater interest in an entity that holds PQS. (iii) A person that is not a CDQ group and holds PQS is limited to a PQS use cap that is calculated based on the sum of all PQS held by that PQS holder and all PQS held by any affiliate of the PQS holder. A CDQ group that holds PQS is limited to a PQS use cap that is calculated based on the sum of all PQS held, individually or collectively, by that CDQ group. (iv) A person that is not a CDQ group and holds IPQ is limited to an IPQ use cap that is calculated based on the sum of all IPQ held by that IPQ holder and all IPQ held by any affiliate of the IPQ holder. A CDQ group that holds IPQ is limited to an IPQ use cap that is calculated based on the sum of all IPQ held, individually or collectively, by that CDQ group. * * * * * [FR Doc. 2017-24403 Filed 11-8-17; 8:45 am] BILLING CODE 3510-22-P
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however, That the Refuge Manager, (d) Nothing in this section shall apply (1) Published in at least one
pursuant to § 36.42, may designate areas to the taking of fish and wildlife for newspaper of general circulation in the
where, and establish periods when, no subsistence uses. State and in at least one local
taking of a particular population of fish (e) Nothing in these rules shall be newspaper if available, posted at
or wildlife shall be permitted. interpreted as waiving the requirements community post offices within the
(b) The exercise of valid commercial of other fish and wildlife conservation vicinity affected, made available for
fishing rights or privileges obtained statutes such as the Airborne Hunting broadcast on local radio stations in a
pursuant to existing law, including any Act or those provisions of subchapter C manner reasonably calculated to inform
use of refuge areas for campsites, cabins, of title 50 CFR regarding the taking of residents in the affected vicinity, and
motorized vehicles, and aircraft landing depredating wildlife. Animal control designated on a map which shall be
directly incident to the exercise of such programs shall only be conducted in available for public inspection at the
rights or privileges, is authorized; accordance with a special use permit office of the Refuge Manager and other
Provided, however, That the Refuge issued by the Refuge Manager. places convenient to the public; or
Manager may restrict or prohibit the ■ 11. Amend § 36.42 by revising (2) Designated by the posting of
exercise of these rights or privileges or paragraphs (a), (c), (d), (e), (f), (g), and appropriate signs; or
uses of federally owned lands directly (h) to read as follows: (3) Both.
incident to such exercise if he (g) Openings. In determining whether
determines, after conducting a public § 36.42 Public participation and closure to open an area to public use or activity
hearing in the affected locality, that they procedures. otherwise prohibited, the Refuge
are inconsistent with the purposes of (a) Authority. The Refuge Manager Manager shall provide notice in the
the refuge and that they constitute a may close an area or restrict an activity Federal Register and shall, upon
significant expansion of commercial on an emergency, temporary, or request, hold a hearing in the affected
fishing activities within such refuge permanent basis. vicinity and other location, as
beyond the level of such activities in * * * * * appropriate, prior to making a final
1979. (c) Emergency closures or restrictions. determination.
(c) The following provisions shall (1) Emergency closures or restrictions (h) Prohibitions. Except as otherwise
apply to any person while engaged in relating to the use of aircraft, specifically permitted under the
the taking of fish and wildlife within an snowmachines, motorboats, or non- provisions of this part, entry into closed
Alaska National Wildlife Refuge: motorized surface transportation shall areas or failure to abide by restrictions
(1) Trapping and sport hunting. (i) be made after notice and hearing; established under this section is
Each person shall secure and possess all (2) Emergency closures or restrictions prohibited.
required State licenses and shall comply relating to the taking of fish and wildlife Dated: August 30, 2017.
with the applicable provisions of State shall be accompanied by notice with a Todd Willens,
law unless further restricted by Federal subsequent hearing; Acting Assistant Secretary for Fish and
law; (3) Other emergency closures or Wildlife and Parks.
(ii) Each person shall comply with the restrictions shall become effective upon [FR Doc. 2017–24324 Filed 11–8–17; 8:45 am]
applicable provisions of Federal law; notice as prescribed in paragraph (f) of BILLING CODE 4333–15–P
and this section; and
(iii) In addition to the requirements of (4) No emergency closure or
paragraphs (a) and (b) of this section, restriction shall be for a period DEPARTMENT OF COMMERCE
each person shall continue to secure a exceeding 30 days.
trapping permit from the appropriate (d) Temporary closures or restrictions. National Oceanic and Atmospheric
Refuge Manager prior to trapping on the (1) Temporary closures or restrictions Administration
Kenai, Izembek and Kodiak Refuges and relating to the use of aircraft,
the Aleutian Islands Unit of the Alaska snowmachines, motorboats or non- 50 CFR Parts 679 and 680
Maritime Refuge. motorized surface transportation, or to
[Docket No. 170412391–7999–02]
(iv) It shall be unlawful for a person the taking of fish and wildlife, shall not
having been airborne to use a firearm or be effective prior to notice and hearing RIN 0648–BG84
any other weapon to take or assist in in the vicinity of the area(s) affected by
taking a wolf or wolverine until after such closures or restriction, and other Fisheries of the Exclusive Economic
3:00 a.m. on the day following the day locations as appropriate; Zone Off Alaska; Bering Sea and
in which the flying occurred, except (2) Other temporary closures shall be Aleutian Islands Management Area;
that a trapper may use a firearm or any effective upon notice as prescribed in American Fisheries Act; Bering Sea
other weapon to dispatch a legally paragraph (f) of this section; and and Aleutian Islands Crab
caught wolf or wolverine in a trap or (3) Temporary closures or restrictions Rationalization Program
snare on the same day in which the shall extend only for so long as AGENCY: National Marine Fisheries
flying occurred. This prohibition does necessary to achieve their purposes, and Service (NMFS), National Oceanic and
not apply to flights on regularly in no case may exceed 12 months or be Atmospheric Administration (NOAA),
scheduled commercial airlines between extended beyond that time. Commerce.
regularly maintained public airports. (e) Permanent closures or restrictions. ACTION: Final rule.
(2) Sport and commercial fishing. (i) Permanent closures or restrictions shall
nshattuck on DSK9F9SC42PROD with RULES
Each person shall secure and possess all be made only after notice and public SUMMARY: NMFS issues regulations to
required State licenses and shall comply hearings in the affected vicinity and implement Amendment 48 to the
with the applicable provisions of State other locations as appropriate, and after Fishery Management Plan for Bering
law unless further restricted by Federal publication in the Federal Register. Sea/Aleutian Islands King and Tanner
law; and (f) Notice. Emergency, temporary, or Crabs (Crab FMP) and to revise
(ii) Each person shall comply with the permanent closures or restrictions shall regulations implementing the American
applicable provisions of Federal law. be: Fisheries Act (AFA) Program and the
VerDate Sep<11>2014 16:30 Nov 08, 2017 Jkt 244001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1](https://thefederalregister.org/doc/82_FR_52227/page/1.svg)
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amount of limited access privileges held AFA entity means a group of affiliated Authority: 16 U.S.C. 1862; Pub. L. 109–
and used by CDQ groups for the individuals, corporations, or other 241; Pub. L. 109–479.
purposes of monitoring the excessive business concerns, except for a CDQ ■ 5. In § 680.2, in the definition of
share limits under the AFA Program and group, that harvests or processes pollock
‘‘Affiliation’’, revise the introductory
the CR Program. in the BS directed pollock fishery.
text and paragraph (1) introductory text
Classification * * * * * to read as follows:
Affiliation for the purpose of defining
The Administrator, Alaska Region, AFA and the Rockfish Program means a § 680.2 Definitions.
NMFS, has determined that Amendment relationship between two or more * * * * *
48 to the Crab FMP and this final rule individuals, corporations, or other
are necessary for the conservation and Affiliation means a relationship
business concerns, except CDQ groups, between two or more entities, except for
management of the AFA, CR, and CDQ in which one concern directly or
Program fisheries and are consistent CDQ groups, in which one directly or
indirectly owns a 10 percent or greater indirectly owns or controls a 10 percent
with the Magnuson-Stevens Act and interest in another, exerts control over
other applicable laws. or greater interest in, or otherwise
another, or has the power to exert controls, another, or a third entity
This final rule has been determined to control over another; or a third
be not significant for the purposes of directly or indirectly owns or controls a
individual, corporation, or other
Executive Order 12866. 10 percent or greater interest in, or
business concern directly or indirectly
The Chief Counsel for Regulation of otherwise controls, both. For the
owns a 10 percent or greater interest in
the Department of Commerce certified purpose of this definition, the following
both, exerts control over both, or has the
to the Chief Counsel for Advocacy of the terms are further defined:
power to exert control over both.
Small Business Administration during (1) Entity. An entity may be an
* * * * *
the proposed rule stage that this action individual, corporation, association,
■ 3. In § 679.7, revise paragraphs (k)(6)
would not have a significant economic partnership, joint-stock company, trust,
impact on a substantial number of small and (7) to read as follows: or any other type of legal entity, except
entities. The factual basis for the § 679.7 Prohibitions. for a CDQ group, any receiver, trustee in
certification was published in the * * * * * bankruptcy or similar official or
proposed rule and is not repeated here. (k) * * * liquidating agent, or any organized
No comments were received regarding (6) Excessive harvesting shares. It is group of persons whether incorporated
this certification. As a result, a unlawful for an AFA entity or a CDQ or not, that holds direct or indirect
regulatory flexibility analysis was not group to harvest, through a fishery interest in:
required, and none was prepared, cooperative or otherwise, an amount of * * * * *
pursuant to 5 U.S.C. 605. BS pollock that exceeds the 17.5 percent
■ 6. In § 680.42, revise paragraphs
List of Subjects excessive share limit specified under
(b)(3)(ii) through (iv) to read as follows:
§ 679.20(a)(5)(i)(A)(6). A CDQ group’s
50 CFR Part 679 harvest of BS pollock will be calculated § 680.42 Limitations on use of QS, PQS,
Alaska, Fisheries, Reporting and through its proportional ownership of IFQ, and IPQ.
recordkeeping requirements. individuals, corporations, or other * * * * *
business concerns that harvest BS (b) * * *
50 CFR Part 680 pollock. The owners and operators of
Alaska, Reporting and recordkeeping the individual vessels comprising the (3) * * *
requirements. AFA entity or CDQ group that harvest (ii) Is not a CDQ group and directly
Dated: November 6, 2017. BS pollock will be held jointly and or indirectly owns a 10 percent or
severally liable for exceeding the greater interest in an entity that holds
Samuel D. Rauch III,
excessive harvesting share limit. PQS.
Deputy Assistant Administrator for (7) Excessive processing shares. It is
Regulatory Programs, National Marine (iii) A person that is not a CDQ group
Fisheries Service.
unlawful for an AFA entity or a CDQ and holds PQS is limited to a PQS use
group to process an amount of BS cap that is calculated based on the sum
For the reasons set out in the pollock that exceeds the 30-percent of all PQS held by that PQS holder and
preamble, NMFS amends 50 CFR part excessive share limit specified under all PQS held by any affiliate of the PQS
679 and part 680 as follows: § 679.20(a)(5)(i)(A)(7). The amount of BS holder. A CDQ group that holds PQS is
pollock processed by a CDQ group will limited to a PQS use cap that is
PART 679—FISHERIES OF THE be calculated through its proportional
EXCLUSIVE ECONOMIC ZONE OFF calculated based on the sum of all PQS
ownership of individuals, corporations, held, individually or collectively, by
ALASKA or other business concerns that process that CDQ group.
■ 1. The authority citation for 50 CFR BS pollock. The owners and operators of
(iv) A person that is not a CDQ group
part 679 continues to read as follows: the individual processors comprising
and holds IPQ is limited to an IPQ use
the AFA entity or CDQ group that
Authority: 16 U.S.C. 773 et seq.; 1801 et cap that is calculated based on the sum
process BS pollock will be held jointly
seq.; 3631 et seq.; Pub. L. 108–447; Pub. L. of all IPQ held by that IPQ holder and
111–281. and severally liable for exceeding the
all IPQ held by any affiliate of the IPQ
excessive processing share limit.
■ 2. In § 679.2, revise the definitions for holder. A CDQ group that holds IPQ is
* * * * *
nshattuck on DSK9F9SC42PROD with RULES
‘‘AFA entity’’ and the introductory text limited to an IPQ use cap that is
to the definition for ‘‘Affiliation for the calculated based on the sum of all IPQ
PART 680—SHELLFISH FISHERIES OF
purpose of defining AFA and the held, individually or collectively, by
THE EXCLUSIVE ECONOMIC ZONE
Rockfish Program’’ to read as follows: that CDQ group.
OFF ALASKA
* * * * *
679.2 Definitions. ■ 4. The authority citation for 50 CFR [FR Doc. 2017–24403 Filed 11–8–17; 8:45 am]
* * * * * part 680 continues to read as follows: BILLING CODE 3510–22–P
VerDate Sep<11>2014 13:39 Nov 08, 2017 Jkt 244001 PO 00000 Frm 00042 Fmt 4700 Sfmt 9990 E:\FR\FM\09NOR1.SGM 09NOR1](https://thefederalregister.org/doc/82_FR_52227/page/4.svg)
Document Created: 2018-10-25 10:30:37
Document Modified: 2018-10-25 10:30:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective December 11, 2017. | |
| Contact | Stephanie Warpinski, 907-586-7228. | |
| FR Citation | 82 FR 52011 | |
| RIN Number | 0648-BG84 | |
| CFR Citation | 50
CFR
679 50 CFR 680 | |
| CFR Associated | Alaska; Fisheries and Reporting and Recordkeeping Requirements |
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