[Federal Register Volume 60, Number 175 (Monday, September 11, 1995)]
[Proposed Rules]
[Pages 47142-47144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22510]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 677
[Docket No. 950822211-5211-01; I.D. 080395A]
RIN 0648-AD80
North Pacific Fisheries Research Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; public hearing by teleconference.
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SUMMARY: NMFS issues a proposed rule to implement Amendment 1 to the
North Pacific Fisheries Research Plan (Research Plan). Regulations
implementing this amendment would delay full implementation of the
Research Plan until 1997 and establish 1996 observer coverage
requirements for the Research Plan fisheries. This delay is necessary
to provide the North Pacific Fishery Management Council (Council)
additional time to address certain issues presented by implementation
of the Research Plan. To remain consistent with the Council's intent,
observer coverage requirements in regulations that implement Amendment
35 to the Fishery Management Plan (FMP) for the Groundfish Fishery of
the Bering Sea and Aleutian Islands Area are proposed to be extended
through 1996.
DATES: Comments on this proposed rule must be received by November 6,
1995. A public hearing on the proposed rule will be held by
teleconference on Monday, September 18, 1995, at 1 p.m., Alaska local
time.
ADDRESSES: Comments on this proposed rule may be sent to Ronald J.
Berg, Chief, Fisheries Management Division, Alaska Region, NMFS, 709
West 9th Street, Juneau, AK 99801, or P.O. Box 21668, Juneau, AK 99802-
1668, Attn: Lori J. Gravel. Copies of the Observer Plan may also be
obtained from this address.
Copies of the Research Plan as revised by proposed Amendment 1, the
environmental assessment/regulatory impact review prepared for the
Research Plan, and the final report ``Establishing the Fee Percentage
and Standard Exvessel Prices for 1995'' may be obtained from the North
Pacific Fishery Management Council, P.O. Box 103136, Anchorage, AK
99510.
Locations where interested persons may participate in the September
18, 1995, public hearing by teleconference are as follows:
1. Anchorage--North Pacific Fishery Management Council, 600 West
4th Avenue, Anchorage, AK (907-271-2809);
2. Juneau--National Marine Fisheries Service, Alaska Region, 706
West 9th Street, Juneau, AK (907-271-7228);
3. Seattle--Alaska Fisheries Science Center, 7600 Sand Point Way
Northeast, Building 4, Room 7600, Seattle, WA (206-526-4197);
4. Newport--Oregon Department of Fish and Wildlife, 2040 Southeast
Marine Science Drive, Newport, OR (503-867-0300).
FOR FURTHER INFORMATION CONTACT: Susan Salveson, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Regulations implementing the Research Plan became effective October
6, 1994 (59 FR 46126, September 6, 1994). A regulatory amendment was
published in the Federal Register on January 9, 1995 (60 FR 2344), that
clarified 1995 observer coverage requirements and revised the
definition of certain terms set out under Sec. 677.2. Two additional
rules have been published in the Federal Register that make other minor
substantive changes to the regulations implementing the Research Plan.
A final rule published on July 5, 1995 (60 FR 34904), and required
vessels and shoreside processors to facilitate transmission of observer
data. Finally, a proposed rule published on August 16, 1995 (60 FR
42470) revised 1995 observer coverage requirements for crab catcher
vessels and exempted certain crab catcher vessels required to obtain
observer coverage from paying 1995 Research Plan fees.
The Research Plan adopted by the Council at its December 1993
meeting established a two-phase implementation strategy for the
Research Plan. The first phase is occurring in 1995 and serves to
collect start-up funding for full implementation of the Research Plan.
During 1995, NMFS is assessing and collecting Research Plan fees.
Participants in the Research Plan fisheries are continuing
independently to obtain required observer coverage
[[Page 47143]]
from NMFS-certified observer contractors. ``Double payments'' for
observer services and the Research Plan fee liability are avoided in
1995 through either catcher vessel exemptions from the fee liability or
processor credits up to each processor's Research Plan fee liability.
Under the Research Plan adopted by the Council and NMFS, the Research
Plan would be fully implemented starting in 1996, and observer coverage
would be provided to participants in Research Plan fisheries through
contractual arrangements between NMFS and companies awarded contracts
to provide observer services for the Research Plan fisheries.
The Council, at its April 1995 meeting, raised some concerns about
proceeding with the Research Plan and requested NMFS to delay the
solicitation process for awarding contracts to provide observers under
the Research Plan during 1996. The Council also requested NMFS to
initiate an amendment to the Research Plan that would delay full
implementation of the Research Plan for at least 6 months.
NMFS informed the Council that the design and implementation of the
Research Plan and its specification process are tied to an annual
cycle. Mid-year implementation of the Research Plan would create
significant administrative and operational problems. Therefore, NMFS
suggested a 1-year delay of the full implementation of the Research
Plan, rather than the 6-month delay requested by the Council. During a
May 16, 1995, teleconference, the Council reaffirmed its desire to
delay the Research Plan and agreed to extend the delay for a 1-year
period. The Council sought a delay in full implementation of the
Research Plan in order to provide additional time to reconsider certain
elements of the Research Plan that were previously adopted by the
Council. The Council's concerns are as follows: Minimum levels of
observer insurance coverage, minimum number of contractors that will
provide observer coverage, duration of contracts, notification
requirements for obtaining observer coverage, allowances for emergency
replacement of observers as well as transfer of observers among
vessels, adequate monitoring and control of industry compliance with
observer coverage requirements, and ability of supplemental or
voluntary observer programs to meet increased compliance monitoring
requirements of future management programs under consideration by the
Council.
The Council also expressed its intent to continue the fee
collection program implemented for 1995 for the remainder of the year,
so that adequate start-up funds may be collected for full
implementation of the Research Plan in 1997. This means that NMFS will
continue to assess fees through early 1996 for fish harvested and
retained in the Research Plan fisheries during the last few months of
1995. Collected funds would continue to be held in an interest-bearing
account and would be used to award contracts to provide observers under
the Research Plan starting in 1997.
The current Research Plan allows a delay in the full implementation
of the plan beyond 1995, only if insufficient funds exist to support
contract awards for the first half of 1996. NMFS believes that the 1995
fee collection program will provide sufficient funds to support
contract awards to initiate full implementation of the Research Plan.
Through mid-July 1995, NMFS had collected $4.2 million in Research
Plan fees. The final report ``Establishing the Fee Percentage and
Standard Exvessel Prices for 1995'' (see ADDRESSES) estimates that $4.8
million will be needed for start-up funding to support contractual
arrangements for observer coverage during the first 6 months of full
implementation of the Research Plan. NMFS anticipates that this amount
will be collected in 1995 and that full implementation of the Research
Plan can be pursued for 1997.
Therefore, the Council's request to delay full implementation of
the Research Plan requires an amendment to the Research Plan. At its
June 1995 meeting, the Council requested that the date for full
implementation of the Research Plan be established by regulations
rather than by the Research Plan. The intent of this request was to
allow for a revision of this date through a regulatory amendment,
rather than an amendment to the Research Plan.
Given that adequate start-up funds will be collected during 1995,
no reason exists to continue the fee collection program during 1996. As
a result, Research Plan fees will not be assessed for fish caught in
1996. The annual Research Plan specification process becomes
unnecessary for 1996, because no reason exists to establish a 1996 fee
percentage or standard exvessel prices on which to base fee
assessments. The Council intends that 1996 observer coverage levels
remain unchanged from 1995 levels. These observer coverage requirements
for the groundfish and crab fisheries are set out at Sec. 677.10(a). As
in 1995, participants in the groundfish and crab Research Plan
fisheries would be responsible for making their own arrangements and
paying for required observer coverage. As a result, specifications for
observer embarkment/disembarkment ports for observers also are
unnecessary for 1996.
The Council's intent to maintain 1995 observer coverage levels
through 1996 would also apply to mothership processor vessel and
shoreside processor observer coverage requirements set out in
regulations implementing Amendment 35 to the FMP for the Groundfish
Fishery of the Bering Sea and Aleutian Islands Area. Final regulations
implementing Amendment 35, published on July 5, 1995 (60 FR 34904) and
codified at 50 CFR 675.25(b), are effective through December 31, 1995.
In keeping with the Council's intent to maintain 1995 observer coverage
levels in 1996, NMFS proposes to extend the Amendment 35 requirements
through 1996 by including them under regulations implementing 1996
Research Plan observer coverage requirements at Sec. 677.10(a)(1). NMFS
also proposes to clarify that the additional observer coverage
requirements implemented under Amendment 35 are effective only through
October 15 of the second pollock season defined under 50 CFR 675.23(e).
NMFS notes that regulations at Sec. 677.10(g) set out vessel safety
requirements applicable in 1996 and beyond. No changes to these
requirements are proposed, however, the regulatory text would be
revised to clarify that these requirements apply to vessels required to
carry observers in 1996 under Sec. 677.10(a).
NMFS further notes that the following sections of the Observer Plan
still would be in effect until full implementation of the Research Plan
in 1997: (1) Standards of observer conduct; and (2) Description,
specifications, and work statement for certified domestic observer
contractors, including conflict of interest standards for NMFS-
certified observers and contractors and conditions for contractor and
observer certification revocation. Copies of the Observer Plan dated
May 1994 are available from NMFS (see ADDRESSES).
Public comments on the proposed amendment to the Research Plan and
its implementing regulations are invited for 60 days. During this
comment period, NMFS will conduct public hearings, as required by
section 313(c)(2) of the Magnuson Act, in Alaska, Oregon, and
Washington to receive public comments on the proposed regulations (see
DATES and ADDRESSES for dates and locations). NMFS will consider the
public comments received in preparing the final rule implementing the
amendment.
[[Page 47144]]
Classification
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. An effect of the proposed rule would be to eliminate
the 1996 fee assessment program authorized under the Research Plan.
The vessel owners who will benefit from this delay are those owners
whose vessels fall into the following categories: about 4,000 halibut
vessels, 1,400 groundfish vessels less than 60 ft length overall (LOA),
and approximately 270 crab catcher vessels; these owners will be
relieved from having to pay the Research Plan fee and will not be
required to have observer coverage. In addition, owners of all
processors will benefit because they will pay the direct observer cost
which is less than the Research Plan fee. Groundfish catcher vessels
over 60 ft LOA will pay direct observer costs; these costs will equal
or exceed the Research Plan fee. In general the direct observer costs
are about 1.1 percent of the exvessel value of landings. About 30 crab
catcher vessels are required to carry observers. Owners of most of
these vessels will pay direct observer costs that may be 2 to 4 times
higher than what they would pay in terms of Research Plan fees.
Thus, while the proposed rule would affect a substantial number of
small entities during 1996, the effect would not be economically
significant. As a result, a regulatory flexibility analysis was not
prepared. This proposed rule has been determined to be not significant
for purposes of E.O. 12866.
List of Subjects in 50 CFR Part 677
Fisheries, Reporting and recordkeeping requirements.
Dated: September 5, 1995
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 677 is
proposed to be amended as follows:
PART 677--NORTH PACIFIC FISHERIES RESEARCH PLAN
1. The authority citation for part 677 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 677.6, paragraph (b)(2) is redesignated as paragraph
(b)(3), a new paragraph (b)(2) is added, and the heading to newly
redesignated paragraph (b)(3) is revised to read as follows:
Sec. 677.6 Research Plan fee.
* * * * *
(b) * * *
(2) Fee assessments during 1996. Processors of Research Plan
fisheries will not be assessed fees based on catch from Research Plan
fisheries that is retained during the 1996 calendar year.
(3) Fee assessments applicable after December 31, 1996. * * *
* * * * *
3. In Sec. 677.10, the headings for paragraphs (a) and (b) and the
introductory text to paragraph (g) are revised, paragraphs (a)(1)(i)(C)
through (a)(1)(i)(F) are redesignated as paragraphs (a)(1)(i)(D)
through (a)(1)(i)(G), respectively and paragraphs (a)(1)(i)(C) and
(a)(2)(iii) are added to read as follows:
Sec. 677.10 General requirements.
(a) Observer requirements applicable through December 31, 1996. (1)
* * *
(i) * * *
(C) Each mothership processor vessel that receives pollock
harvested by catcher vessels in the catcher vessel operational area,
defined at Sec. 675.22(g) of this chapter, during the second pollock
season that starts on August 15 under Sec. 675.23(e) of this chapter,
is required to have a second NMFS-certified observer aboard, in
addition to the observer required under paragraphs (a)(1)(i)(A) and (B)
of this section, for each day of the second pollock season until the
chum salmon savings area is closed under Sec. 675.22(h)(2) of this
chapter, or October 15, 1996, whichever occurs first.
* * * * *
(2) * * *
(iii) Each shoreside processor that offloads pollock at more than
one location on the same dock and has distinct and separate equipment
at each location to process those pollock and that receives pollock
harvested by catcher vessels in the catcher vessel operational area,
defined at Sec. 675.22(g) of this chapter, during the second pollock
season that starts on August 15, under Sec. 675.23(e) of this chapter,
is required to have a NMFS-certified observer, in addition to the
observer required under paragraphs (a)(2)(i) and (ii) of this section,
at each location where pollock is offloaded, for each day of the second
pollock season until the chum salmon savings area is closed under
Sec. 675.22(h)(2) of this chapter, or October 15, 1996, whichever
occurs first.
* * * * *
(b) Observer requirements applicable after December 31, 1996. * * *
* * * * *
(g) Vessel safety requirements applicable after December 31, 1995.
Any vessel that is required to carry observers under paragraph (a) or
(b)(1) of this section must have onboard either:
* * * * *
4. In Sec. 677.11, paragraph (a)(4) is revised to read as follows:
Sec. 677.11 Annual Research Plan specifications.
(a) * * *
(4) Observer coverage. For the period January 1, 1995, through
December 31, 1996, observer coverage levels in Research Plan fisheries
will be as required by Sec. 677.10(a). After December 31, 1996, the
level of observer coverage will be determined annually by NMFS, after
consultation with the Council and the State of Alaska, and may vary by
fishery and vessel or processor size, depending upon the objectives to
be met for the groundfish, halibut, and king and Tanner crab fisheries.
The Regional Director may change observer coverage inseason pursuant to
Sec. 677.10(b)(2)(ii).
* * * * *
[FR Doc. 95-22510 Filed 9-6-95; 3:17 pm]
BILLING CODE 3510-22-F