[Federal Register Volume 76, Number 142 (Monday, July 25, 2011)]
[Proposed Rules]
[Pages 44297-44298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18725]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 680
RIN 0648-AX47
Fisheries of the Exclusive Economic Zone Off Alaska; Allocating
Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of fishery management plan amendment;
request for comments.
-----------------------------------------------------------------------
SUMMARY: The Bering Sea/Aleutian Islands (BSAI) Crab Rationalization
Program (CR Program) allocates BSAI crab resources among harvesters,
processors, and coastal communities. Amendment 30 would amend the
Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner
Crabs (FMP) and the CR Program to modify procedures for producing and
submitting documents that are required under the arbitration system to
resolve price, delivery, and other disputes between harvesters and
processors. This action is intended to promote the goals and objectives
of the Magnuson-Stevens Fishery Conservation and Management Act, the
FMP, and other applicable laws.
DATES: Comments on the amendment must be submitted on or before
September 23, 2011.
ADDRESSES: Send comments to Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by ``RIN
0648-AX47'', by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal Web site at http://www.regulations.gov.
Mail: P.O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
All comments received are a part of the public record and will
generally be posted to http://www.regulations.gov without change. All
Personal Identifying Information (e.g., name, address) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
Confidential Business Information or otherwise sensitive or protected
information.
NMFS will accept anonymous comments (enter N/A in the required
fields if you wish to remain anonymous). Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe portable document file (pdf) formats only.
Copies of Amendment 30, the Regulatory Impact Review (RIR)/Initial
Regulatory Flexibility Analysis (IRFA), the categorical exclusion
prepared for this action, and the Environmental Impact Statement (EIS)
prepared for the Crab Rationalization Program may be obtained from the
NMFS Alaska Region at the address above or from the Alaska Region Web
site at http://www.fakr.noaa.gov/sustainablefisheries.htm.
FOR FURTHER INFORMATION CONTACT: Forrest R. Bowers, 907-586-7240.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each
regional fishery management council submit any fishery management plan
amendment it prepares to NMFS for review and approval, disapproval, or
partial approval by the Secretary of Commerce (Secretary). The
Magnuson-Stevens Act also requires that NMFS, upon receiving a fishery
management plan amendment, immediately publish a notice in the Federal
Register announcing that the amendment is available for public review
and comment.
The king and Tanner crab fisheries in the exclusive economic zone
of the BSAI are managed under the FMP. The FMP was prepared by the
North Pacific Fishery Management Council (Council) under the Magnuson-
Stevens Act as amended by the Consolidated Appropriations Act of 2004
(Pub. L. 108-199, section 801). Amendments 18 and 19 to the FMP amended
the FMP to include the CR Program. Regulations
[[Page 44298]]
implementing the FMP, including the CR Program are located at 50 CFR
Part 680.
Under the CR Program, NMFS issued quota share (QS) to holders of
License Limitation Program (LLP) licenses and crew onboard vessels.
Each year QS yields an exclusive harvest privilege for a portion of the
total allowable catch called individual fishing quota (IFQ). Several
types of QS are issued; Catcher Vessel Owner (CVO) QS was issued to
owners of catcher vessels based on their participation in CR Program
fisheries during designated qualifying years.
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. This annual exclusive processing privilege is called individual
processor quota (IPQ). CVO QS yields Class A and Class B IFQ. Class A
IFQ is required to be delivered to a processor with matching IPQ within
specific geographic regions. Class B IFQ can be delivered to any
processor in any geographic region. Ninety percent of the IFQ derived
from CVO QS is Class A IFQ, and the remaining 10 percent is Class B
IFQ. These requirements ensure that catch continues to be delivered to
processors and communities with historic investment in the fisheries.
Because harvesters holding Class A IFQ are required to deliver to
processors holding IPQ for a specific crab fishery within a specific
geographic region, it is possible that this requirement could adversely
affect price and delivery negotiations among harvesters and processors.
To address potential price and delivery disputes that may arise between
Class A IFQ holders and IPQ holders, the Program includes an
arbitration system to fairly and equitably resolve price, delivery
terms, performance standards, and other disputes in the event that
Class A IFQ and IPQ holders are unable to reach agreement on those
terms.
To facilitate the arbitration proceedings, the arbitration system
establishes a series of contractual requirements that Class A IFQ and
IPQ holders must meet. These contracts include requirements to hire:
(1) A market analyst, who provides a pre-season market report of likely
market conditions for each crab fishery to aid in price negotiations
and arbitrations; (2) a formula arbitrator, who prepares a non-binding
price formula that describes the historic division of first whole-sale
values among harvesters and processors that can be used in price
negotiations and arbitrations; and (3) a contract arbitrator, who
reviews the positions of the parties during an arbitration proceeding
and issues a binding decision based on a last-best offer form of
arbitration. As the CR Program has progressed, it has become clear that
the existing requirements for the timing and content of the market
report and non-binding price formula limit the effectiveness of the
arbitration system. The timing for the preparation of these documents
did not allow the most recent publically available market data to be
considered when price negotiations were conducted, thereby limiting
their utility.
Amendment 30, if approved, would modify four aspects of the
arbitration system to improve its effectiveness by: (1) Allowing Class
A IFQ and IPQ holders to establish contracts requiring the preparation
of market reports and non-binding price formulas only if a crab fishery
is open; (2) modifying the timeline for release of the non-binding
price formula for the western Aleutian Islands golden king crab (WAG),
and eastern Aleutian Islands golden king crab (EAG) fisheries; (3)
modifying the information used and timing for release of the market
report; and (4) clarifying the authority of the market analyst, formula
arbitrator, and other parties involved in the administration of the
arbitration system. The forthcoming proposed rule would implement the
Council's recommendation under Amendment 30.
Public comments are being solicited on proposed Amendment 30
through the end of the comment period (see DATES). NMFS intends to
publish a proposed rule in the Federal Register for public comment that
would implement Amendment 30, following NMFS' evaluation under the
Magnuson-Stevens Act procedures. Public comments on the proposed rule
must be received by the close of the comment period on Amendment 30 to
be considered in the approval/disapproval decision on Amendment 30. All
comments received by the end of the comment period on Amendment 30,
whether specifically directed to the FMP amendment or the proposed
rule, will be considered in the approval/disapproval decision on
Amendment 30. Comments received after the end of the public comment
period for Amendment 30, even if received within the comment period for
the proposed rule, will not be considered in the approval/disapproval
decision on the amendment. To be considered, comments must be received,
not just postmarked or otherwise transmitted, by the close of business
on the last day of the comment period.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 20, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-18725 Filed 7-22-11; 8:45 am]
BILLING CODE 3510-22-P