[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