[Federal Register Volume 65, Number 142 (Monday, July 24, 2000)]
[Proposed Rules]
[Pages 45579-45582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18650]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 000714206-0206-01; I.D. 061400A]
RIN 0648-AM53


Fisheries of the Exclusive Economic Zone Off Alaska; Western 
Alaska Community Development Quota Program

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed rule to reduce observer coverage and 
experience requirements for some catcher vessels and shoreside 
processors participating in the Western Alaska Community Development 
Quota (CDQ) fisheries. This action is necessary to reduce costs 
associated with the observer coverage requirements in the CDQ 
fisheries. It is intended to further the objectives of the Fishery 
Management Plan for the Groundfish Fishery of the Bering Sea and 
Aleutian Islands Area (FMP).

DATES: Comments must be received by August 23, 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 or 
courier delivered comments may be sent to the Federal Building, 709 
West 9th Street, Room 453, Juneau, AK 99801. Comments also may be sent 
via facsimile (fax) to 907-586-7465. Comments will not be accepted if 
submitted via e-mail or the Internet. A copy of the Regulatory Impact 
Review (RIR) prepared for this action can be obtained from the same 
address, or by calling the Alaska Region, NMFS, at 907-586-7228.

FOR FURTHER INFORMATION CONTACT: Alan Kinsolving, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages fishing for groundfish by U.S. 
vessels in the exclusive economic zone of the Bering Sea and Aleutian 
Islands management area (BSAI) according to the 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.
    Through the CDQ program, NMFS allocates a portion of the BSAI 
groundfish, prohibited species, halibut, and crab total allowable catch 
(TAC) to 65 eligible Western Alaska communities. These communities must 
use the proceeds from the CDQ allocations to start or support 
commercial fishery activities that will result in ongoing, regionally 
based, commercial fishery or related businesses. The CDQ program began 
in 1992 with the allocation of 7.5 percent of the BSAI pollock TAC. The 
fixed gear halibut and sablefish CDQ allocations began in 1995, as part 
of the halibut and sablefish Individual Fishing Quota Program. In 1998, 
allocations of 7.5 percent of the remaining groundfish TACs, 7.5 
percent of the prohibited species catch limits, and 7.5 percent of the 
crab guidelines harvest levels were added to the CDQ program. In 1999, 
the amount of pollock allocated to the CDQ program was increased to 10 
percent of the BSAI pollock TAC as a result of the American Fisheries 
Act.
    On June 4, 1998, NMFS published a final rule imposing catch 
monitoring and observer coverage requirements for all vessels and 
processors participating in the multispecies CDQ fisheries (63 FR 
30381). On April 26, 1999, 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 issued 
because, in the CDQ fisheries, all groundfish and prohibited species 
catch by vessels fishing for CDQ groups accrue against the individual 
allocations for each CDQ group (64 FR 20210). 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 
impose experience and training requirements for observers that, in most 
cases, exceed the requirements in the non-CDQ fisheries.
    Following completion of the first year of fishing under these 
regulations, NMFS reviewed the observer coverage and experience 
requirements and has determined that observers without gear-specific 
experience were able to perform their duties as well as observers with 
gear-specific experience on catcher vessels choosing to retain all 
catch and in shoreplants. Further, NMFS has determined that the data 
collected by the shoreplant observer were not necessary for effective 
program management when a CDQ observer from the vessel making a 
delivery was available to collect shoreside data. Thus, the observer 
coverage requirements can be reduced without affecting the ability of 
NMFS to collect the data necessary to monitor and manage the CDQ 
fishery.

Current CDQ Observer Requirements

    The current CDQ catch monitoring and observer coverage requirements 
were imposed to provide accurate and verifiable catch estimates for all 
CDQ and prohibited species quota (PSQ) species. This led NMFS to issue 
catch accounting regulations that rely primarily on NMFS-certified CDQ 
observers to collect data necessary to estimate the catch of all CDQ 
and PSQ species, or to ensure that all catch was being retained and 
accounted for at a shoreside processor.
    Table 1 summarizes the current observer coverage requirements for 
the CDQ fisheries. Table 2 summarizes the experience requirements 
necessary for a CDQ observer and a lead CDQ observer.

[[Page 45580]]



 Table 1. Current Observer Coverage Requirements for the CDQ Fisheries.
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              Category                    CDQ Observer Requirements
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Catcher vessel,  60 ft                                             none
Catcher vessel,  60 ft            1 lead CDQ observer (obs.)
Mothership or catcher/processor         2 total (1 lead CDQ obs., 1 CDQ
 using trawl or hook-and-line gear                                obs.)
Catcher/processor using pot gear                         1 lead CDQ obs
Shoreside processor                        1 lead CDQ obs. for each CDQ
                                       delivery, except deliveries from
                                                  catcher vessels  60' LOA fishing
                                                            halibut CDQ
------------------------------------------------------------------------


 Table 2. Requirements for CDQ Observer and ``Lead'' CDQ Observer in 50
                               CFR 679.50
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    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
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           ADDITIONAL REQUIREMENTS FOR ``LEAD'' CDQ OBSERVERS
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Lead observer on a factory trawler   At least 2 cruises (contracts) and
 or a mothership                        sampled at least 100 hauls on a
                                        factory trawler or a mothership
Lead on catcher vessel using trawl   At least 2 cruises (contracts) and
 gear                                    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
------------------------------------------------------------------------

    The current regulations require lead CDQ observers on all vessels 
and shoreside processing plants for which observer coverage is required 
because NMFS believed that the CDQ observers needed prior experience 
specific to the vessel or processor type in order to collect the data 
needed to manage the CDQ fisheries. However, after reviewing the first 
year of the multispecies CDQ fisheries, NMFS has concluded that a lead 
CDQ observer is not necessary on some catcher vessels while CDQ fishing 
or in shoreside processing plants taking CDQ deliveries.
    NMFS proposes the following reductions in observer coverage and 
experience requirements:
    1. Eliminate the requirement for a lead CDQ observer on all catcher 
vessels greater than or equal to 60 ft (18.3 m) LOA using trawl gear. A 
CDQ observer would still be required. This reduction is justified 
because the vessel must retain all groundfish CDQ and salmon PSQ and 
deliver it to a shoreside processor, where it is sorted by species, 
weighed, and reported to NMFS. The lead CDQ 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 experience 
as an observer, but not necessarily vessel-specific experience.
    2. Eliminate the requirement for a lead CDQ observer on a catcher 
vessel greater than or equal to 60 ft (18.3 m) LOA using nontrawl gear 
that chooses to retain all groundfish CDQ species (option 1 defined at 
50 CFR 679.32(c)(2)(ii)(A)). A CDQ observer would still be required. 
Under current regulations, catcher vessels greater than or equal to 60 
ft (18.3 m) LOA using nontrawl gear must select one of two options as 
the basis for CDQ catch accounting. Option 1 requires the vessel 
operator to retain all groundfish CDQ and salmon PSQ and deliver them 
to a processor to be sorted by species, weighed, and reported to NMFS. 
Under this option, CDQ catch accounting is based on the processor's 
reports for groundfish CDQ and salmon PSQ and on the observer data for 
halibut PSQ. NMFS believes the gear-specific experience of a lead CDQ 
observer is unnecessary for vessels choosing catch accounting option 1. 
NMFS would continue to require a lead CDQ observer on catcher vessels 
using nontrawl gear that select option 2, which is to use observer data 
as the basis for all CDQ catch accounting. Option 2, which is set forth 
at 50 CFR 679.32(c)(2)(ii)(B), allows the vessel operator to discard 
groundfish CDQ species at sea and to use data collected by the observer 
to estimate the catch of all groundfish CDQ species and halibut PSQ.
    3. Eliminate the requirement that a shoreside processing plant 
provide a CDQ observer to monitor deliveries from catcher vessels that 
use nontrawl gear and select option 2. Under option 2, only data 
collected by the observer on the catcher vessel is used for CDQ catch 
accounting. Therefore, neither a lead

[[Page 45581]]

CDQ observer nor a CDQ observer would be necessary at the plant. To 
date, no catcher vessel has selected option 2 for CDQ catch accounting, 
so this reduction would not have affected any shoreside processors that 
participated in the 1999 CDQ fisheries.
    4. Eliminate the requirement that shoreside processors required to 
provide CDQ observers provide a lead CDQ observer when taking CDQ 
deliveries. A CDQ observer would still be required. NMFS has determined 
that experience in a shoreside plant would not be necessary for the 
observer to adequately monitor the sorting and weighing of CDQ 
deliveries.
    5. Reduce the observer coverage requirements for shoreside 
processors taking CDQ deliveries from catcher vessels equal to or 
greater than 60 ft (18.3 m) LOA using nontrawl gear and using option 1 
(full retention) for CDQ catch accounting 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 regulatory 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.
    This proposed rule would also make a minor revision to the 
introductory paragraph of 50 CFR 679.50(c)(4). The current paragraph 
requires the owner or operator of a vessel engaged in CDQ fishing to 
comply with CDQ observer coverage requirements for each day the vessel 
is used to harvest, transport, process, deliver, or take deliveries of 
CDQ or PSQ species. NMFS proposes to remove the requirement that CDQ 
observers be onboard catcher/processors or motherships when they are 
being used only to transport CDQ catch. The regulations would continue 
to require an observer on a catcher vessel while CDQ species are being 
transported. In some cases, catcher/processors continue to process CDQ 
catch onboard long after catching and processing of the CDQ catch has 
been completed. There is no need for a CDQ observer to be onboard 
solely to monitor the transport of processed product.

Classification

    The Chief Counsel for 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 impact on a substantial number of small entities as 
follows:

    This proposed rule would apply to the 21 catcher vessels greater 
than or equal to 60 ft (18.3 m) LOA and 10 shoreplants that 
participate in the CDQ fishery. The proposed rule would remove the 
gear-specific experience requirements for CDQ observers deployed in 
shoreplants and on some types of vessels, which would increase the 
number of observers qualified to be deployed in the CDQ fisheries. 
This increased flexibility in observer deployment would reduce the 
possibility that a qualified observer would not be available when a 
vessel or processor wants to participate in a CDQ fishery. This 
proposed action would also allow shoreside plants taking CDQ 
deliveries from some non-trawl catcher vessels to provide a regular, 
rather than a CDQ observer, and would reduce observer coverage 
levels in certain circumstances.
    Based on the analysis presented in the Regulatory Impact Review 
prepared for this rule, NMFS estimates that this action will have a 
positive impact on the vessels and processors that will be directly 
impacted by the action and will have no negative impact on observer 
contractors.

    Because of the absence of negative impacts, and because positive 
impacts are not deemed to have a ``significant'' impact on small 
entities, an Interim Regulatory Flexibility Analysis was not prepared.
    A copy of the RIR can be obtained from NMFS (see ADDRESSES).
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with that directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this proposed 
rule.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: July 17, 2000.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set forth in the preamble, 50 CFR part 679 is 
proposed to be amended as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

    1. The authority citation for part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.

    2. In Sec. 679.50, paragraph (h)(1)(i)(E)(4) is removed, the first 
sentence of the introductory text in paragraph (c)(4) is revised, 
paragraph (c)(4)(v) is added, and paragraphs, (c)(4)(iv), and (d)(4) 
are revised to read as follows:


Sec. 679.50  Groundfish Observer Program applicable through December 
31, 2000.

* * * * *
    (c) * * *
    (4) Groundfish and halibut CDQ fisheries. The owner or operator of 
a vessel groundfish CDQ fishing or halibut CDQ fishing as defined at 
Sec. 679.2 must comply with the following minimum observer coverage 
requirements each day that the vessel is used to transport (catcher 
vessels only), harvest, process, deliver or take delivery of CDQ or PSQ 
species. * * *
* * * * *
    (iv) Catcher vessel using trawl gear. A catcher vessel equal to or 
greater than 60 ft (18.3 m) LOA using trawl gear, except a catcher 
vessel that delivers only unsorted codends to a processor or another 
vessel, must have at least one CDQ observer as described at paragraph 
(h)(1)(i)(D) of this section aboard the vessel.
    (v) Catcher vessel using nontrawl gear. A catcher vessel equal to 
or greater than 60 ft (18.3 m) LOA using nontrawl gear must meet the 
following observer coverage requirements:
    (A) Option 1. If the vessel operator selected Option 1 (as 
described at Sec. 679.32(c)(2)(ii)(A)) for CDQ catch accounting, then 
at least one CDQ observer as described at paragraph (h)(1)(i)(D) of 
this section must be aboard the vessel.
    (B) Option 2. If the vessel operator selected Option 2 (as 
described at Sec. 679.32(c)(2)(ii)(B)) for CDQ catch accounting, then 
at least one lead CDQ observer as described at paragraph (h)(1)(i)(E) 
of this section must be aboard the vessel.
* * * * *
    (d) * * *
    (4) Groundfish and halibut CDQ fisheries.--(i) CDQ deliveries 
requiring observer coverage. Subject to paragraph (d)(4)(ii) of this 
section, each shoreside processor taking deliveries of groundfish or 
halibut CDQ must have at least one CDQ observer as described at 
paragraph (h)(1)(i)(D) of this section present at all times while CDQ 
is being received or processed.
    (ii) CDQ deliveries not requiring observer coverage. A shoreside 
processor is not required to provide a CDQ observer for CDQ deliveries 
from the following vessels:
    (A) Vessels less than 60 ft (18.3 m) LOA that are halibut CDQ 
fishing;
    (B) Vessels equal to or greater than 60 ft (18.3 m) LOA using 
nontrawl gear

[[Page 45582]]

that have selected Option 1 (as described at Sec. 679.32(c)(2)(ii)(A)) 
for CDQ catch accounting, so long as the CDQ observer on the catcher 
vessel monitors the entire delivery without exceeding the working hour 
limitations described in paragraph (d)(4)(iii) of this section; and
    (C) Vessels equal to or greater than 60 ft (18.3 m) LOA using 
nontrawl gear that have selected Option 2 (as described at 
Sec. 679.32(c)(2)(ii)(B)) for CDQ catch accounting.
    (iii) Observer working hours. The time required for the CDQ 
observer to complete sampling, data recording, and data communication 
duties may not exceed 12 hours in each 24-hour period, and the CDQ 
observer is required to sample no more than 9 hours in each 24-hour 
period.
* * * * *
[FR Doc. 00-18650 Filed 7-21-00; 8:45 am]
BILLING CODE 3510-22-F