[Federal Register Volume 65, Number 36 (Wednesday, February 23, 2000)]
[Rules and Regulations]
[Pages 8890-8891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4252]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 981221311-9096-02; I.D. 021400F]


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.

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SUMMARY: NMFS issues an inseason adjustment to reduce certain observer 
coverage requirements for some catcher vessels and shoreside processors 
participating in the Western Alaska Community Development Quota (CDQ) 
fisheries. This action is necessary to increase the availability of 
experienced and trained observers to effectively manage the CDQ 
fisheries in the Bering Sea and Aleutian Islands Area. It is intended 
to increase the flexibility of observer contractors in deploying CDQ 
observers and to decrease costs to the vessels and processors 
participating in the CDQ fisheries.

DATES: Effective March 6, 2000, through December 31, 2000. Comments 
must be received at the following address no later than 4:30 p.m., 
A.l.t., March 9, 2000.

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: Sally Bibb, 907-586-7389.

SUPPLEMENTARY INFORMATION: NMFS manages fishing for groundfish by U.S. 
vessels in the exclusive economic zone of the Bering Sea and Aleutian 
Islands according to the Fishery Management Plan for the Groundfish 
Fishery of the Bering Sea and Aleutian Islands Area (FMP). The North 
Pacific Fishery Management Council (Council) prepared the FMP under 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act). Regulations governing fishing by U.S. 
vessels and implementing the FMP appear at 50 CFR parts 600 and 679.
    On June 4, 1998 (63 FR 30381), NMFS published a final rule 
implementing catch monitoring and observer coverage requirements for 
all vessels and processors participating in the multispecies (MS) CDQ 
fisheries. On April 26, 1999 (64 FR 20210), NMFS extended these 
requirements to vessels equal to or greater than 60 ft (18.3 m) length 
overall (LOA) that participate in the halibut CDQ fishery. These 
regulations were implemented because in the CDQ fisheries, all 
groundfish and prohibited species catch by vessels fishing for CDQ 
groups accrue against the CDQ groups' individual allocations. Because 
individual vessels, processors, and CDQ groups are accountable for the 
catch of groundfish and prohibited species, the catch monitoring 
standards must be more stringent than in many other fisheries. These 
final rules also implemented experience and training requirements for 
observers that, in most cases, exceeded the requirements in the non-CDQ 
fisheries.
    Table 1 summarizes the current observer coverage requirements for 
the CDQ fisheries at 50 CFR 679.50(c) and (d). Table 2 summarizes the 
experience requirements necessary for a CDQ observer and a lead CDQ 
observer at 50 CFR 679.50(h).

 Table 1. Current Observer Coverage Requirements for the CDQ Fisheries.
------------------------------------------------------------------------
                Category                    CDQ Observer Requirements
------------------------------------------------------------------------
Catcher vessel,  60 ft.................  none
Catcher vessel,  60 ft......  1 lead CDQ observer (obs.)
Catcher/processor, mothership..........  2 total (1 lead CDQ obs., 1 CDQ
                                          obs.)
Shoreside processor....................  1 lead CDQ obs. for each CDQ
                                          delivery, except deliveries
                                          from catcher vessels  60 ft
                                          LOA fishing halibut CDQ
------------------------------------------------------------------------


 Table 2. Requirements for CDQ Observer and ``Lead'' CDQ Observer in 50
                               CFR 679.50
------------------------------------------------------------------------
      CDQ Observer Classification            Experience Requirements
------------------------------------------------------------------------
All CDQ observers......................  Prior experience as an observer
                                          with 60 days observer data
                                          collection,
                                         - Minimum evaluation rating of
                                          1 or 2,
                                         - Successfully complete CDQ
                                          observer training course
           ADDITIONAL REQUIREMENTS FOR ``LEAD'' CDQ OBSERVERS
Lead observer on a factory trawler or a  At least 2 cruises (contracts)
 mothership.                              and sampled at least 100 hauls
                                          on a factory trawler or a
                                          mothership.
Lead on catcher vessel using trawl gear  At least 2 cruises (contracts)
                                          and sampled at least 50 hauls
                                          on a catcher vessel using
                                          trawl gear.
Lead on vessel using nontrawl gear.....  At least 2 cruises (contracts)
                                          of at least 10 days each and
                                          sampled at least 60 sets on a
                                          vessel using nontrawl gear.
Lead in shoreside plant................  Observed at least 30 days in a
                                          shoreside processing plant.
------------------------------------------------------------------------

    At the time of initial implementation of the MS CDQ Program, lead 
CDQ observers were required on all vessels and in the shoreside 
processing plants because NMFS believed that the CDQ observers needed 
prior experience on a vessel using the same gear type or in a shoreside 
plant in order to collect the data needed to manage the CDQ fisheries. 
However, after reviewing the first year of the MS CDQ fisheries in 
December 1999, NMFS believes that reductions in some CDQ observer 
coverage requirements could be made without reducing the quality or 
quantity

[[Page 8891]]

of data collected by observers to manage the CDQ fisheries. This action 
would remove the requirement for a CDQ observer in some shoreside 
processing plants; reduce the requirement from a lead CDQ observer to a 
CDQ observer at other shoreside processing plants and on some catcher 
vessels; and allow the CDQ observer on some catcher vessels to monitor 
the delivery in the shoreside processing plant.
    These reductions in observer coverage requirements for the CDQ 
fisheries are being made under an inseason adjustment allowed under 50 
CFR 679.50(e). This regulation allows the Administrator, Alaska Region, 
NMFS (Regional Administrator), to adjust the observer coverage 
requirements in 50 CFR 679.50(c) and (d) to improve the accuracy, 
reliability, and availability of observer data as long as changes are 
based on a finding that: (1) fishing methods, times, areas, or catch or 
bycatch composition for a specific fishery or fleet component have 
changed significantly, or are likely to change significantly; or (2) 
such modifications are necessary to improve data availability or 
quality in order to meet specific fishery management objectives.
    NMFS finds that the second condition is applicable in this case. 
These reductions in observer coverage requirements are necessary to 
improve data availability in order to meet specific fishery management 
objectives for the CDQ Program for the following reasons. 1999 was the 
first full year of fishing under new requirements for CDQ observers who 
have prior experience and additional training, and for lead CDQ 
observers who have prior experience on vessels with specific gear types 
or in shoreside processing plants. Some vessels and processors had 
difficulty obtaining CDQ observers that met the criteria as a lead CDQ 
observer for the particular vessel or processor type. When an observer 
is not available, the vessel operator or processing plant manager must 
decide between not fishing or taking a delivery when they want to, or 
not complying with the observer coverage requirements. An inseason 
adjustment to observer coverage requirements in the CDQ fisheries will 
reduce the need for lead CDQ observers for some vessels and processors, 
thereby increasing the availability of CDQ observers for all CDQ 
fisheries and increasing the flexibility of the observer contractors in 
selecting observers for deployment in the CDQ fisheries. Also, this 
action will reduce the possibility that vessels and processors 
participating in the CDQ fisheries will do so without the required 
observer coverage.
    NMFS is developing proposed rulemaking that would permanently 
implement these reductions in future years. However, it is unlikely 
that this rulemaking would be implemented until late in 2000. An 
inseason adjustment would accomplish the recommended reductions in 
observer coverage and improve the chances of obtaining quality data to 
manage the CDQ fisheries in 2000. Therefore, in accordance with 
Sec. 679.50(e), the Regional Administrator makes the following 
adjustments in observer coverage and experience requirements:
    1. The requirement for a lead CDQ observer on all catcher vessels 
using trawl gear will be reduced to require only a CDQ observer. This 
reduction is justified because the vessel must retain all groundfish 
CDQ and salmon prohibited species quota (PSQ) and deliver it to a 
shoreside processor, where it is sorted by species, weighed, and 
reported to NMFS. The observer on the vessel estimates the at-sea 
discards of halibut PSQ and crab PSQ and monitors compliance with 
retention requirements. NMFS believes that these duties can be 
performed adequately by a CDQ observer who has prior observing 
experience and that the vessel-specific experience is not necessary.
    2. The requirement for a lead CDQ observer on a catcher vessel 
using nontrawl gear and choosing to retain all groundfish CDQ species 
(Option 1 defined at 50 CFR 679.32(c)(2)(ii)(A)) will be reduced to 
require only a CDQ observer. Catcher vessels  60 ft (18.3 m) 
LOA using nontrawl gear may select one of two options as the basis for 
CDQ catch accounting. Option 1 requires the vessel operator to retain 
all CDQ species and deliver them to a processor where they are sorted 
by species, weighed, and reported to NMFS. Under this option, CDQ catch 
accounting is based on the processor's reports for groundfish CDQ on 
the observer data for halibut PSQ. NMFS believes the gear specific 
experience of a lead-CDQ observer is unnecessary. NMFS will continue to 
require a lead CDQ observer on catcher vessels using nontrawl gear that 
choose to use observer data as the basis for all CDQ catch accounting 
(Option 2 defined at 50 CFR 679.32(c)(2)(ii)(B)).
    3. The requirement for a CDQ observer of any type at the shoreside 
plant to monitor deliveries from catcher vessels using nontrawl gear 
and selecting Option 2 would be removed entirely. Under Option 2, only 
data collected by the observer on the catcher vessel is used for CDQ 
catch accounting. Therefore, a lead CDQ observer or a CDQ observer is 
not necessary at the plant to monitor the sorting and weighing of the 
CDQ delivery.
    4. The requirement for a lead CDQ observer in a shoreside 
processing plant to monitor CDQ deliveries, except deliveries from 
catcher vessels using nontrawl gear and selecting Option 2, would be 
reduced to require only a CDQ observer. NMFS has determined that 
experience in a shoreside plant is not necessary for the observer to 
adequately monitor the sorting and weighing of CDQ deliveries.
    5. The observer coverage requirements for shoreside processors 
taking CDQ deliveries from catcher vessels equal to or greater than 60 
feet (18.3 m) length overall (LOA) using nontrawl gear and using Option 
1 (full retention) for CDQ catch accounting will be reduced to allow 
the vessel observer to monitor the CDQ delivery in the processing 
plant. A separate CDQ observer for the shoreside processor is not 
necessary if the vessel observer can monitor the sorting and weighing 
of catch at the shoreside processor without exceeding the statutory 
working hour limits. Under this revision, the shoreside processor could 
still choose to provide an additional observer at the processing plant 
if the shoreside processor did not want its activities to be limited by 
the working hour limits for the vessel observer.

Classification

    The Assistant Administrator for Fisheries, NOAA, finds for good 
cause that providing prior notice and public comment of this action is 
impracticable and contrary to the public interest. Without this 
inseason adjustment, NMFS anticipates increased noncompliance with 
observer coverage requirements and an overall reduction in the level 
and quality of observer data. 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. 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 March 9, 2000. This action is 
authorized by Secs. 679.50 and 679.25 and is exempt from review under 
Executive Order 12866.

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

    Dated: February 16, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-4252 Filed 2-22-00; 8:45 am]
BILLING CODE 3510-22-F