[Federal Register Volume 64, Number 198 (Thursday, October 14, 1999)]
[Rules and Regulations]
[Pages 55634-55635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26811]



[[Page 55634]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 980826225-8296-02; I.D. 100499B]


Fisheries of the Exclusive Economic Zone off Alaska; Inseason 
Adjustment to Required Observer Coverage

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

ACTION: Inseason adjustment; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS issues an interim inseason adjustment to observer 
coverage requirements for owners/operators of vessels used to 
participate in the North Pacific groundfish fisheries and that are 
required to have observers onboard their vessels 30 percent of the 
vessel's fishing days. This adjustment is necessary to respond to an 
unanticipated increase in the demand for observers and to avoid 
jeopardizing the amount and quality of observer data used by NMFS to 
manage the groundfish fisheries.

DATES: This adjustment is effective from October 8, 1999 through 
December 31, 1999. Comments must be received at the following address 
no later than 4:30 p.m., A.l.t., October 29, 1999.

ADDRESSES: Comments may be mailed to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel. Hand delivery 
or courier delivery of comments may be sent to the Federal Building, 
709 West 9th Street, Room 453, Juneau, AK 99801.

FOR FURTHER INFORMATION CONTACT: Sue Salveson, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the North Pacific groundfish 
fisheries in Federal waters off Alaska according to 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 
Aleutians Islands Area (FMPs). The North Pacific Fishery Management 
Council, under authority of the Magnuson-Stevens Fishery Conservation 
and Management Act, prepared both FMPs. Regulations governing fishing 
by U.S. vessels in accordance with the FMPs appear at subpart H of 50 
CFR part 600 and 50 CFR part 679.
    Observer coverage regulations at Sec. 679.50(c)(1)(v)-(vii) require 
certain vessels to carry a NMFS-certified observer on board for 30-
percent of the vessels' fishing days in each quarter of the year. 
Recent unanticipated events have increased industry demands for 
observer coverage, resulting in a shortage of observers necessary to 
meet regulatory requirements. According to observer contractors, the 
current shortage of observers can be attributed to several factors, 
including increased demand for observer coverage as a result of Alaska 
State Board of Fisheries actions affecting participation criteria in 
the Bristol Bay red king crab fishery and increased participation in 
the Pacific cod pot gear fishery by vessels primarily used to fish for 
crab due to unanticipated closures of several crab fisheries.
    Insufficient observer availability generally affects the 30-percent 
vessels to a greater degree than vessels that are required to have an 
observer onboard at all times because (1) the number of 30-percent 
vessels is greater than the number of 100-percent vessels, (2) observer 
contractors generally have long-standing contracts with 100-percent 
vessels that are more amenable to long-range planning and deployment of 
observers, and (3) many 30-percent vessels are diversified into non-
groundfish fisheries and operational planning and coordination with 
contractors for NMFS-certified observers often is on short notice due 
to the inseason uncertainty of when different fisheries will open or 
close.
    The recent management actions and observer related qualifying 
criteria associated with the State-managed crab fisheries have resulted 
in a significant change in the interest of crab fishermen to 
participate in the 1999 Pacific cod fishery and have created an 
unprecedented demand for groundfish observers. The resultant shortage 
of observers to meet this increased demand has affected the short-term 
ability of contractors to meet industry observer needs, primarily for 
30-percent vessels. NMFS believes that this situation jeopardizes 
observer data availability for the 30-percent fleet by forcing some 
fishermen to choose between foregoing participation in fisheries in a 
manner that threatens business solvency and fishing without required 
observer coverage in a manner that undermines the quality of 
information NMFS requires to manage the groundfish fisheries.
    Therefore, in accordance with Sec. 679.50(e), the Administrator, 
Alaska Region, NMFS (Regional Administrator), adjusts existing observer 
coverage requirements set out at Sec. 679.50(c)(v)-(vii), which are 
based on a calender quarter compliance period, to be based on a 6-month 
compliance period during the period of July 1, 1999, through December 
31, 1999. The Regional Administrator takes this action based on his 
finding that the recent and unanticipated increase in the demand for 
observer services and the concurrent shortage of observers to meet this 
demand could jeopardize compliance with observer coverage requirements 
and negatively affect the quality of the data NMFS depends on to manage 
the groundfish fisheries. This adjustment allows owners/operators of 
vessels required to have 30-percent observer coverage (i.e., vessels 
are used to participate for more than 3 fishing days in a directed 
fishery for groundfish in a calendar quarter during the last half of 
1999) to satisfy the coverage requirements at Sec. 679.50(c)(v)-(vii) 
at any time during this 6-month period instead of being constrained to 
meet these coverage requirements on a quarterly basis. NMFS anticipates 
that this short-term adjustment will provide vessel owners/operators 
who require 30-percent coverage more flexibility in coordinating with 
observer contractor companies to obtain required observer coverage. 
While the overall level of current observer coverage will not decrease 
as a result of this adjustment, the adjustment could reduce the amount 
of observer data collected during the third calendar quarter of 1999 
and potentially increase the amount collected during the final quarter 
of 1999. The impacts of this redistribution of coverage are not known, 
but are not believed to be significant relative to the benefits of 
encouraging compliance with the regulatory framework on which NMFS' 
data requirements are based.
    NMFS-certified observer contractors assert that the existing 
shortage of observers will be alleviated after the first half of 
October 1999 because State of Alaska induced observer coverage 
requirements will expire on October 15, when the Bristol Bay red king 
crab fishery opens; fishermen will have had additional time to 
coordinate with contractors for required coverage; and the overall 
demand for observers is expected to diminish with anticipated closures 
of the inshore and offshore pollock fisheries. Therefore, this short-
term adjustment terminates at 0001 hours A.l.t. on January 1, 2000, at 
which time all vessels will again be required to meet the requirements 
of Sec. 679.50(c)(v)-(vii) on a quarterly basis.

[[Page 55635]]

Classification

    The Assistant Administrator for Fisheries, NOAA, finds for
    good cause that providing prior notice and public comment or
    delaying the effective date of this action is impracticable and 
contrary to the public interest. Without this interim adjustment, NMFS 
anticipates increased noncompliance with observer coverage requirements 
and an overall reduction in the level and quality of observer data 
collected during the last half of 1999. This impact is undesirable and 
potentially detrimental to the management of the North Pacific 
groundfish fisheries. Further, the interim adjustment relieves a 
restriction on affected industry members and provides a reasonable 
opportunity for fishermen to coordinate with observer contractors to 
obtain the required coverage during a 6 month period instead of within 
a calendar quarter. Under Secs. 679.50(e) and 679.25(c)(2), interested 
persons are invited to submit written comments on this action to the 
above address until October 29, 1999.
    This action is authorized by Secs. 679.50 and 679.25 and is exempt 
from review under E.O. 12866.

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

    Dated: October 7, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-26811 Filed 10-8-99; 4:56 pm]
BILLING CODE 3510-22-F