[Federal Register: December 30, 2002 (Volume 67, Number 250)]
[Proposed Rules]               
[Page 79550-79551]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de02-17]                         


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DEPARTMENT OF COMMERCE


National Oceanic and Atmospheric Administration


50 CFR Part 600


[Docket No. 020424095-2095-01; I.D. 032801B]
RIN 0648-AP25


 
Fishing Capacity Reduction Program for the Crab Species Covered 
by the Fishery Management Plan for the Bering Sea/Aleutian Islands King 
and Tanner Crabs


AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.


ACTION: Correction to a proposed rule.


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SUUMMARY: This document corrects the formula for calculating the bid 
score in the preamble to the proposed rule for establishing a fishing 
capacity reduction program for the crab species managed under the 
Bering Sea/Aleutian Islands King and Tanner Crab Fishery Management 
Plan (FMP), as published on December 12, 2002. The numerator and 
denominator were inadvertently reversed in the first sentence under 
IV.F. of the preamble. This document also corrects paragraph 
references. When paragraphs were redesignated, some of the references 
within the text were not modified accordingly.


DATES: Effective December 30, 2002. Comments on the proposed rule will 
continue to be accepted until January 27, 2003, as indicated in the 
December 12, 2002, publication (67 FR 76329). Comments on this 
correction will be accepted until January 29, 2003.


ADDRESSES: Mail or fax written comments about this correction or the 
proposed rule to Michael L. Grable. The mailing address is: Michael L. 
Grable, Chief, Financial Services Division, National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD 20910-3282. The fax 
number is (301) 713-1306. NMFS will not accept e-mail or internet 
comments.
    If a comment involves any aspect of the proposed rule's collection 
of information requirements, send the comment both to Michael L. Grable 
and to the National Oceanic and Atmospheric Administration Desk 
Officer, Office of Information and Regulatory Affairs, Office of 
Management and Budget, Washington, DC 20503. Anyone may obtain, from 
Michael L. Grable, the Environmental Assessment, Regulatory Impact 
Review, and Initial Regulatory Flexibility Analysis for this proposed 
rule.
    Anyone wishing to contact the Restricted Access Management Program 
(which issues crab species fishing licenses) may do so at this address: 
Restricted Access Management Program, National Marine Fisheries 
Service, PO Box 21668, Juneau, AK 99802-1668. The fax number is (907) 
586-7354.


FOR FURTHER INFORMATION CONTACT: Michael L. Grable, (301) 713-2390


SUPPLEMENTARY INFORMATION:


Background


    On December 12, 2002 (67 FR 76329), NMFS published a proposed rule 
in the Federal Register that would implement regulations for a program 
to reduce excess capacity and promote economic efficiency in the crab 
fishery under the FMP. NMFS would finance the voluntary program's $100 
million cost with a 30-year loan to be repaid by post-reduction 
fishermen.
    The deadline for comments on the proposed rule was January 27, 
2003. In one portion of the preamble, under the heading ``IV. Process 
Specifics, F. Bid Scoring,'' the explanation of how each bid score 
would be calculated incorrectly reversed the numerator (the bid amount) 
with the divisor (the value of each reduction vessel's documented crab 
harvest for crab program purposes (bid crab)). In another portion of 
the preamble, under IV. Process Specifics, Q. Penalties for Prohibited 
Activities, last sentence of 4., incorrectly refers to paragraph (u) 
when it should have referred to paragraph (v).
    Also, the following proposed regulatory text provisions of Sec.  
600.1018 should have been redesignated as one succeeding paragraph 
designation after a new paragraph was added: paragraph (k) should have 
referred to paragraph (j)(2) rather than (i)(2); paragraph (l)(3) 
should have referred to (l)(1) and (l)(2) rather than to (k)(1) and 
(k)(2); paragraph (l)(4) should have referred to paragraph (l)(3) 
rather than (k)(3); paragraph (l)(5) should have referred to paragraph 
(l)(4) rather than (k)(4); paragraph (n)(1) should have referred to 
paragraph (m) rather than (l); paragraph (r)(6) should have referred to 
paragraph (q) rather than (p); paragraph (t)(2)(ii) should have 
referred to paragraph (s) rather than (r); paragraph (t)(7)(iii) should 
have referred to paragraph (s) rather than (r); and paragraph (v)(2) 
should have referred to paragraph (t)(7)(i) rather than (s)(7)(i).


Corrections


    In the proposed rule FR Doc. 02-31218, in the issue of December 12, 
2002 (67 FR 76329), make the following corrections.
    1. On page 76333, in the first column, under F. Bid Scoring the 
first sentence is corrected to read as follows:
    ``NMFS would calculate each bid score by dividing each bid amount 
by the value of each reduction vessel's documented crab harvest for 
crab program purposes (bid crab).''
    2. On page 76336, in the third column, under Q. Penalties for 
Prohibited Activities 4., the final sentence of this section is 
corrected to read as follows:
    ``For further details about the penalties, see this subpart's Sec.  
600.1017 and this proposed Sec.  600.1018(v).''
    3. Sec.  600.1018 [Corrected]. Beginning on page 76341, paragraphs 
(k), (l)(4), (l)(5), (r)(6), (t)(2)(ii), (t)(7)(iii), (v)(2), and the 
first sentences of paragraphs (l)(3) and (n)(1) are corrected to read 
as follows:




Sec.  600.1018  Crab species program.


* * * * *
    (k) Determining bid score. NMFS will determine each bid score by 
dividing each bid amount by the sum in paragraph (j)(2) of this 
section.
* * * * *
    (l) Determining reduction loan sub-amount--
    (1) * * *
    (3) Each fishery as a percentage of all fisheries. NMFS will divide 
each of the sums in paragraph (l)(1) of this section by the sum in 
paragraph (l)(2) of this section.
* * * * *
    (4) Applying percentages to loan amount. NMFS will multiply the 
reduction loan's full original principal amount by each of the yields 
in paragraph (l)(3) of this section; and
    (5) Loan sub-amount. Each of the amounts resulting from the 
calculation in paragraph (l)(4) of this section will be


[[Page 79551]]


the reduction loan subamount that a reduction endorsement fishery must 
repay.
* * * * *
    (n) Invitation to bid-- (1) Notification. At the appropriate point 
after issuing the notification in paragraph (m) of this section, NMFS 
will publish the invitation to bid in the Federal Register notification 
further specified in Sec.  600.1009(c) of this subpart.
* * * * *
    (r) Post-bidding referendum--
    (1) * * *
    (6) Notice that condition fulfilled. If the referendum is 
successful, NMFS will notify accepted bidders, in the manner that Sec.  
600.1010(d)(6)(iii) of this subpart specifies, that a successful 
referendum has fulfilled the reduction contracts' successful post-
bidding referendum condition specified in paragraph (q) of this 
section.
* * * * *
    (t) Reduction payment tender and disbursement--
    (1) * * *
    (2) Notification to the public.
    * * *
    (ii) That NMFS intends, in accordance with the reduction contracts, 
to tender reduction payments in return for the actions specified in 
paragraph (s) of this section;
* * * * *
    (7) Effect of tender.
    (i) * * *
    (iii) NMFS will fully exercise its reduction contract rights with 
respect to the reduction fishing interest by taking the actions 
specified in paragraph (s) of this section.
* * * * *
    (v) Fishing prohibition and penalties--
    (1) * * *
    (2) Prohibitions. Concurrently with NMFS' tender of each reduction 
payment, and with the sole exception in paragraph (t)(7)(i) of this 
section, no person whatsoever may, and it is unlawful for any person 
to:
* * * * *


    Authority: 16 U.S.C. 1801 et. seq.


    Dated: December 23, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 02-32744 Filed 12-27-02; 8:45 am]

BILLING CODE 3510-22-P