[Federal Register: February 10, 2004 (Volume 69, Number 27)]
[Rules and Regulations]
[Page 6198-6199]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe04-26]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 030808196-4036-03; I. D. 062403C]
RIN 0648-AR13
Fisheries of the Exclusive Economic Zone (EEZ) Off Alaska;
Provisions of the American Fisheries Act (AFA)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; removal of expiration date.
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SUMMARY: NMFS issues a final rule to remove the expiration date of
regulations published in the Federal Register on December 30, 2002,
implementing the AFA. The AFA final rule inadvertently specified a
period of effectiveness that will expire December 31, 2007. This rule
will make the amendments to the AFA rule permanent, as originally
intended. This
[[Page 6199]]
action is necessary to implement the AFA consistent with statutory
requirements, and is intended to do so in a manner consistent with the
objectives of the Magnuson-Stevens Conservation and Management Act
(Magnuson-Stevens Act) and other applicable laws.
DATES: The December 31, 2007, expiration date is removed from the rule
published December 30, 2002, at 67 FR 79692, except for Sec. 679.50,
which still expires on December 31, 2007.
ADDRESSES: The Final Environmental Impact Statement/Regulatory Impact
Review/Final Regulatory Flexibility Analysis (FEIS/RIR/FRFA) prepared
for Amendments 61/61/13/8 is available in the NEPA section of the NMFS
Alaska Region home page at http:/www.fakr.noaa.gov. Paper copies may be
obtained from the NMFS, Alaska Region, P.O. Box 21668, Juneau, AK
99802-1668, Attn: Lori Durall, 907-586-7247.
FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, NMFS, 907-586-7228
or patsy.bearden@noaa.gov.
SUPPLEMENTARY INFORMATION: The background regarding this action is
detailed in the preamble to the proposed rule (68 FR 51147, August 25,
2003). This action is necessary to make the regulations implementing
the AFA consistent with statutory requirements. The AFA implementing
regulations were published on December 30, 2002 (67 FR 79692), became
effective January 29, 2003, and were corrected on August 18, 2003 (68
FR 49374).
NMFS manages the groundfish fishery in the Gulf of Alaska (GOA)
Exclusive Economic Zone in accordance with 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 (Council) under the Magnuson-Stevens Act. While the FMPs are
implemented by regulations at 50 CFR part 679, general regulations
pertaining to these fisheries are codified in subpart H of 50 CFR part
600.
The fisheries in the BSAI are subject to observer requirements
under regulations at Sec. 679.50. These observer requirements have an
independent sunset date of December 31, 2007. The AFA implementing
regulations (67 FR 79692, December 30, 2002) made changes to the
observer regulations. While the DATES section to that action contained
a reference to the sunset date for these observer requirements, the
sunset date was mistakenly applied to the entire final rule. This
action corrects that error by stating that the phrase ``effective
through December 31, 2007'' applies only to those paragraphs dealing
with the observer program (i.e., Sec. 679.50), and that the other
provisions in the final rule are effective indefinitely.
Comments and Responses
NMFS received one written comment on the proposed rule.
Comment. Any regulations promulgated by NMFS are not to be trusted
because the fishery management councils that recommend regulatory
changes to NMFS are composed of representatives who seek to enlarge
their profits instead of being concerned about the overall health of
marine life. NMFS should act in the best interests of the American
people as a whole, and not only the commercial fishing public.
Response. The commenter's concerns are noted. However, the comment
does not specifically address the purpose of this rule, which is to
make an administrative change to an effective date as required by
statute. Rather, the comment indicates a general mistrust for the
fishery management process. This rule is not intended to make any
substantive changes to the conservation and management of fishery
stocks.
Classification
This final rule has been determined to be not significant for
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. No comments were received regarding this certification. As a
result, a regulatory flexibility analysis was not prepared.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and reporting requirements.
Dated: February 4, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 04-2870 Filed 2-9-04; 8:45 am]
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