[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Rules and Regulations]
[Pages 48054-48055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23033]



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DEPARTMENT OF COMMERCE
50 CFR Part 675

RIN 0648-AH69
[Docket No. 950414105-5227-03;I.D. 082495D]


Groundfish of the Bering Sea and Aleutian Islands; Observer 
Requirements

AGENCY: National Marine Fisheries Service (NMFS), National Atmospheric 
and Oceanic Administration (NOAA), Commerce.

ACTION: Final rule; technical amendment.

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SUMMARY: NMFS issues a technical amendment to the final rule 
implementing Amendment 35 to the Fishery Management Plan for the 
Groundfish Fishery of the Bering Sea and Aleutian Islands (FMP). This 
action clarifies observer coverage requirements established for 
shoreside processing facilities and mothership processor vessels during 
the second pollock season.

EFFECTIVE DATE: September 18, 1995.

FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228.

SUPPLEMENTARY INFORMATION: The final rule implementing Amendment 35 to 
the FMP was published in the Federal Register on July 5, 1995 (60 FR 
34904). The preamble to that rule explains that regulatory amendments 
were implemented that ``would increase 1995 observer coverage for 
mothership processor vessels and for some shoreside processors 
receiving pollock harvested in the catcher vessel operational area 
(CVOA)* * *.'' This technical amendment clarifies the regulatory 
language of that final rule to more accurately reflect the original 
purpose and intent of that rule.
    The final rule requires a second NMFS-certified observer for 
mothership processor vessels and certain shoreside processing 
facilities during the second pollock season, which begins August 15. 
The intent of the rule is to ensure that processors receiving pollock 
harvested from the CVOA have adequate observer coverage in order to 
count accurately the number of nonchinook salmon taken as bycatch in 
the pollock fishery. Amendment 35 established a bycatch limit of 42,000 
nonchinook salmon for the second pollock season.
    The preamble to the final rule explains that shoreside processing 
plants that ``receive pollock harvested from the CVOA during the 1995 
nonroe season and that offload fish at two locations on the same dock 
and have distinct and separate equipment to process those fish will 
also be required to have an extra observer'' (60 FR 34905). A second 
observer is necessary because of the large volume of pollock that could 
be offloaded at these facilities and the additional time required by 
observers to count salmon bycatch. While the regulation uses the term 
``fish,'' the intent was to require an additional observer only for 
those shoreside processors that offload and process pollock at more 
than one location.
    NMFS is clarifying the regulation at Sec. 675.25(b)(2) by changing 
the word ``fish'' in Sec. 675.25(b)(2) to ``pollock.'' Thus, it will 
now be clear that two observers are required only at facilities that 
meet all three of the following criteria: (1) Receive pollock harvested 
by catcher vessels in the CVOA during the second pollock season, (2) 
offload pollock at more than one location on the same dock of that 
facility, and (3) have distinct and separate equipment at each location 
to process those pollock. Regulations at Sec. 675.25(b)(1) also require 
an additional observer on mothership processor vessels that receive 
pollock from catcher vessels harvesting in the CVOA during the second 
pollock season. The second observer at shoreside processor facilities 
and on mothership processor vessels is required until the chum salmon 
savings area (CSSA) is closed due to attainment of the 42,000 
nonchinook bycatch limit. The intent of the regulation is to have the 
additional observer present at the processor to count the salmon to be 
counted toward the salmon bycatch limit.
    Under the final rule, salmon bycatch during the second pollock 
season is counted through October 14 or until the bycatch limit is 
reached, whichever occurs first. The additional observer is not 
necessary once the bycatch limit is reached or after October 14. NMFS 
is clarifying the intent of the regulations to require the additional 
observer to be present until either the CSSA is closed (i.e., the 
bycatch limit has been reached) or October 15, whichever occurs first.

[[Page 48055]]


Classification

    This technical amendment clarifies the regulations requiring 
observer coverage in shoreside processing facilities and on mothership 
processor vessels and relieves a regulatory restriction. The 
requirement for additional observers to monitor the offloading or 
processing of fish other than pollock during the second pollock season 
does not provide accurate salmon bycatch data for the pollock fishery 
and does not provide any other significant benefits. Similarly, 
additional observers are not needed once the nonchinook bycatch limit 
has been reached. These requirements impose a burden that is 
unnecessary and additional delay in removing that requirement would 
result in additional observer expense without providing any significant 
public benefit. Consequently, the Assistant Administrator for 
Fisheries, NOAA, finds that there is good cause to waive prior notice 
and opportunity to comment on this action. Because this action relieves 
a restriction, under U.S.C. 533(d)(1), a delay in the effective date is 
not necessary.
    This rule is exempt from procedures of the Regulatory Flexibility 
Act to prepare a regulatory flexibility analysis because the rule is 
issued without opportunity for prior public comment. No analysis has 
been prepared.
    This rule is exempt from review under E.O. 12866.

List of Subjects in 50 CFR Part 675

    Fisheries, Reporting and recordkeeping requirements.

    Dated: September 11, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For reasons set out in the preamble 50 CFR part 675 is amended to 
read as follows:

PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA

    1. The authority citation for part 675 continues to read as 
follows:

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

    2. In Sec. 675.25, paragraph (b) is revised to read as follows:


Sec. 675.25  Observer requirements.

* * * * *
    (b) Additional observer coverage requirements applicable through 
December 31. 1995. (1) Each mothership processor vessel that receives 
pollock harvested by catcher vessels in the catcher vessel operational 
area, defined at Sec. 675.22(g), during the second pollock season that 
starts on August 15 under Sec. 675.23(e), is required to have a second 
NMFS-certified observer aboard, in addition to the observer required 
under Sec. 677.10(a)(1)(i) of this chapter, for each day of the second 
pollock season until the chum salmon savings area is closed under 
Sec. 675.22(h)(2) or October 15, whichever occurs first.
    (2) 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), during the second pollock season that starts 
on August 15, under Sec. 675.23(e), is required to have a NMFS-
certified observer, in addition to the observer required under 
Sec. 677.10(a)(1)(i) of this chapter, 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 until October 15, whichever occurs first.
[FR Doc. 95-23033 Filed 9-15-95; 8:45 am]
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