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AGENCY:
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION:
Final rule.
SUMMARY:
NMFS issues this final rule to revise port codes (Tables 14a and 14b) used in data collection for the Federal groundfish fisheries in the EEZ off the coast of Alaska and the Pacific halibut Individual Fishing Quota (IFQ) Program. This action removes unnecessary or potentially conflicting regulations. This action is necessary to facilitate enforcement activities and standardize the collection of port-of-landing information, and is intended to meet the conservation and management requirements of the Northern Pacific
( printed page 23695)
Halibut Act of 1982 (Halibut Act) with respect to halibut and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) with respect to groundfish and to further the goals and objectives of the Alaska groundfish fishery management plans.
DATES:
Effective June 1, 2004.
ADDRESSES:
Copies of the Regulatory Impact Review (RIR) prepared for this final regulatory action are available by writing to Sue Salveson, NMFS, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802 1668, Attn: Lori Durall, or by calling the Alaska Region, NMFS, at (907) 586-7228.
Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this final rule may be submitted to NMFS, Alaska Region at the address above, or to the Office of Management and Budget (OMB) by e-mail
David_Rostker@omb.eop.gov, or fax (202) 395-7285.
NMFS manages the U.S. groundfish fisheries of the GOA in the EEZ off Alaska under the Fishery Management Plan for Groundfish of the Gulf of Alaska and the Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area (FMPs). The FMPs were prepared by the North Pacific Fishery Management Council and approved by the Secretary of Commerce under authority of the Magnuson-Stevens Act. The FMPs are implemented by regulations at 50 CFR part 679. NMFS manages the IFQ Program for Pacific halibut under the Halibut Act; implementing regulations are at 50 CFR 300.60 through 300.66. General provisions governing fishing by U.S. vessels in accordance with the FMPs appear at subpart H of 50 CFR part 600.
This action revises the list of port codes in Tables 14a and 14b to 50 CFR part 679. The numerical codes identify ports where IFQ landings are made and are entered by participants when filing an IFQ prior notice of landing (PNOL). The background regarding this action is detailed in the preamble to the proposed rule (69 FR 4285 January 29, 2004). Public comments on the proposed rule were invited through March 1, 2004. No public comments were received on the proposed rule.
In brief, Tables 14a and 14b are revised as follows:
1. Numerical codes that are no longer used for IFQ landings and that do not have a corresponding alphabetical code have been removed, and
2. Numerical codes for ports that are geographically close enough to be reported as one port have been combined.
Changes from the Proposed Rule
The numerical codes identify ports where IFQ landings are made. These port codes are entered by participants when filing an IFQ prior notice of landing (PNOL) and when electronically reporting an IFQ landing (see 50 CFR 679.5(l)). The alphabetical codes identify ports where groundfish landings are made. Alphabetical codes are entered by participants completing a State of Alaska, Department of Fish and Game fish ticket and also are entered by shoreside processor participants entering data into the NMFS groundfish shoreside processor electronic logbook report (SPELR) (see 50 CFR 679.5(c)).
In Table 14a to part 679 port code 102 (Akutan Bay) is combined into port code 101 (Akutan), because these two locations are geographically close.
Classification
This final rule has been determined to be not significant for purposes of Executive Order 12866.
This final rule does not duplicate, overlap, or conflict with other Federal regulations.
This action does not impose new reporting, recordkeeping or other compliance requirements on regulated small entities.
The Chief Counsel for Regulation of the Department of Commerce certified that this final rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act. No comments were received regarding the economic impact of this final rule. Therefore, no FRFA is required, and none has been prepared.
This final rule contains two collection-of-information requirements subject to the Paperwork Reduction Act (PRA) and which have been approved by the OMB. Under control number 0648-0272, public reporting burden for the Prior Notice of Landing is estimated to average 12 minutes per response; for the IFQ landing report, 18 minutes per response is estimated. Under control number 0648-0401, public reporting burden for the Shoreside Processor Electronic Logbook Report is estimated at 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate, or any other aspect of this data collection, including suggestions for reducing the burden, to NMFS (see
ADDRESSES
) and by e-mail to
David_Rostker@omb.eop.gov, or fax to (202) 395-7285.
Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number.
Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
For reasons set out 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 part 679 continues to read as follows:
Authority:16 U.S.C. 773et seq., 1801
et seq., and 3631
et seq.; 16 U.S.C. 1540(f); Pub. L. 105 277, Title II of Division C; Pub. L. 106 31, Sec. 3027; and Pub. L. 106 554, Sec. 209.
2. Tables 14a and 14b to part 679 are revised to read as follows:
Table 14
a
to Part 679.—Port of Landing Codes: 1
Alaska (March 2004)
Port Name
NMFS code
ADF&G code
Adak
186
ADA
Akutan, Akutan Bay
101
AKU
Alitak
103
ALI
Anchorage
105
ANC
Angoon
106
ANG
Aniak
n∕a
ANI
Anvik
n∕a
ANV
Atka
107
ATK
Auke Bay
136
JNU
Beaver Inlet
119
DUT
Bethel
n∕a
BET
Captains Bay
119
DUT
Chefornak
189
N∕A
Chignik
113
CHG
Cordova
115
COR
Craig
116
CRG
Dillingham
117
DIL
Douglas
136
JNU
Dutch Harbor/Unalaska
119
DUT
Egegik
122
EGE
( printed page 23696)
Ekuk
N∕A
EKU
Elfin Cove
123
ELF
Emmonak
N∕A
EMM
Excursion Inlet
124
XIP
False Pass
125
FSP
Fairbanks
N∕A
FBK
Galena
N∕A
GAL
Glacier Bay
N∕A
GLB
Glennallen
N∕A
GLN
Gustavus
127
GUS
Haines
128
HNS
Halibut Cove
130
N∕A
Homer
132
HOM
Hoonah
133
HNH
Hydaburg
N∕A
HYD
Hyder
134
HDR
Juneau
136
JNU
Kake
137
KAK
Kaltag
N∕A
KAL
Kasilof
138
KAS
Kenai
139
KEN
Kenai River
139
KEN
Ketchikan
141
KTN
King Cove
142
KCO
King Salmon
143
KNG
Kipnuk
144
N∕A
Klawock
145
KLA
Kodiak
146
KOD
Kotzebue
N∕A
KOT
La Conner
N∕A
LAC
Mekoryuk
147
N∕A
Metlakatla
148
MET
Moser Bay
N∕A
MOS
Naknek
149
NAK
Nenana
N∕A
NEN
Nikiski (or Nikishka)
150
NIK
Ninilchik
151
NIN
Nome
152
NOM
Nunivak Island
N∕A
NUN
Old Harbor
153
OLD
Other Alaska1
499
UNK
Pelican
155
PEL
Petersburg
156
PBG
Port Alexander
158
PAL
Port Armstrong
N∕A
PTA
Port Bailey
159
PTB
Port Graham
160
GRM
Port Lions
N∕A
LIO
Port Moller
N∕A
MOL
Port Protection
161
N∕A
Quinhagak
187
N∕A
Sand Point
164
SPT
Savoonga
165
N∕A
Seldovia
166
SEL
Seward
167
SEW
Sitka
168
SIT
Skagway
169
SKG
Soldotna
N∕A
SOL
St. George
170
STG
St. Mary
N∕A
STM
St. Paul
172
STP
Tee Harbor
136
JNU
Tenakee Springs
174
TEN
Togiak
176
TOG
Toksook Bay
177
N∕A
Tununak
178
N/A
Ugashik
N∕A
UGA
Unalakleet
N∕A
UNA
Valdez
181
VAL
Wasilla
N∕A
WAS
Whittier
183
WHT
Wrangell
184
WRN
Yakutat
185
YAK
1
To report a landing at a location not currently assigned a location code number: use the code for “Other” for the state or country at which the landing occurs and notify NMFS of the actual location so that the list may be updated. For example, to report a landing for Levelock, Alaska which currently has no code assigned, use code “499” for “Other AK.”
Table 14b to Part 679—Port of Landing Codes: Non-Alaska (California, Canada, Oregon, Washington) (April 2004)
Port Name
NMFS Code
ADF&G Code
CALIFORNIA
Eureka
500
EUR
Other California1
599
N/A
CANADA
Other Canada1
899
N/A
Port Edward
802
PRU
Prince Rupert
802
PRU
OREGON
Astoria
600
AST
Newport
603
NPT
Olympia
N/A
OLY
Other Oregon1
699
N/A
Portland
N/A
POR
Warrenton
604
N/A
WASHINGTON
Anacortes
700
ANA
Bellingham
702
N/A
Blaine
717
BLA
Everett
704
N/A
La Conner
708
LAC
Other Washington1
799
N/A
Seattle
715
SEA
Tacoma
N/A
TAC
1
To report a landing at a location not currently assigned a location code number: use the code for “Other” for the state or country at which the landing occurs and notify NMFS of the actual location so that the list may be updated. For example, to report a landing for Vancouver, which currently has no code assigned, use code “899” for “Other Canada.”