[Federal Register Volume 65, Number 223 (Friday, November 17, 2000)]
[Rules and Regulations]
[Pages 69483-69485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29484]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration (NOAA)

 50 CFR Part 679

[Docket No. 000714206-0307-02; 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: Final rule.

ACTION: Final rule

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SUMMARY: NMFS issues a final rule that reduces observer experience 
requirements for some catcher vessels and reduces observer coverage 
experience requirements for some 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: Effective December 18, 2000.

ADDRESSES: Copies of the Regulatory Impact Review (RIR) prepared for 
this action may be obtained from Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel, or by calling 
the Alaska Region, NMFS, at 907-586-7228. Send comments on any 
ambiguity or unnecessary complexity arising from the language used in 
this final rule to the Regional Administrator at the same address.

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

SUPPLEMENTARY INFORMATION: Background
    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. Unlike open access 
fisheries, the program makes individual vessels, processors, and CDQ 
groups accountable for their catch of groundfish and prohibited 
species. Because of this, the catch monitoring observer coverage and 
observer training standards are more stringent as compared to many 
other fisheries. CDQ observers receive more training and must have more 
experience than regular NMFS-certified observers. Observer coverage 
levels in the CDQ fisheries are also higher than those for most of the 
non-CDQ fisheries. In most cases, at least one of the CDQ observers on 
a vessel or in a processing plant also must be qualified as a ``lead'' 
CDQ observer. Lead qualification is gear-specific and is gained by 
having prior experience with the same gear type as the CDQ vessel on 
which the lead observer is deployed, or prior experience in a shoreside 
plant if the lead CDQ observer is deployed at a shoreside plant.
    NMFS has reviewed the observer coverage and experience requirements 
and determined that, in some cases, the observer coverage or training 
requirements could be reduced without affecting the ability of NMFS to 
collect the data necessary to monitor and manage the CDQ fishery.
    On July 24, 2000, NMFS published a proposed rule to implement these 
reductions (65 FR 45579). The proposed rule included a full description 
of observer coverage and training requirements in the CDQ fisheries, 
and the rationale for reducing those requirements. The proposed rule 
also solicited public comment for 30 days. No comments were received, 
and NMFS is publishing this final rule without changing the regulatory 
text of the proposed rule.
    This final rule implements the following reductions in observer 
coverage and experience requirements:
    1. Elimination of the requirement for a lead CDQ observer on all 
catcher

[[Page 69484]]

vessels greater than or equal to 60 ft (18.3 m) LOA using trawl gear. A 
CDQ observer is still required. 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. Existing regulations require 
a lead CDQ observer on a vessel to estimate the at-sea discards of 
halibut PSQ and crab PSQ and monitor 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 gear-specific experience required of a lead CDQ 
observer.
    2. Elimination of 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 is still 
required. NMFS believes the gear-specific experience of a lead CDQ 
observer is unnecessary for vessels choosing catch accounting option 1. 
NMFS will continue to require a lead CDQ observer on catcher vessels 
using nontrawl gear that select option 2, which uses observer data as 
the basis for all CDQ catch accounting.
    3. Elimination of 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 CDQ observer nor a CDQ observer 
is necessary at the plant.
    4. Elimination of the requirement that shoreside processors 
required to provide CDQ observers provide a lead CDQ observer when 
taking CDQ deliveries. A CDQ observer is still required. NMFS has 
determined that prior experience in a shoreside plant is not necessary 
for the observer to adequately monitor the sorting and weighing of CDQ 
deliveries.
    5. Reduction of 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 CDQ 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.
    Table 1 shows all of the CDQ observer coverage requirements that 
will be in effect under 50 CFR 679.50 after this final rule becomes 
effective.

                               Table 1.Revised CDQ Observer Coverage Requirements
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                       Category                          CDQ Observer Coverage Requirements (effective in 2000)
----------------------------------------------------------------------------------------------------------------
Catcher,  60 ft, any gear                                                                                   none
Catcher,  60 ft, trawl gear                                                            1 CDQ observer
Catcher,  60 ft, nontrawl gear, Option 1\1\                                            1 CDQ observer
Catcher,  60 ft, nontrawl gear, Option 2\2\                                       1 lead CDQ observer
Catcher/processor, trawl and motherships                                  1 lead CDQ observer and 1 CDQ observer
Catcher/processor, longline, pot                                          1 lead CDQ observer and 1 CDQ observer
Shoreside processor\3\, deliveries from vessels using                       1 CDQ observer for each CDQ delivery
 trawl gear
Shoreside processor, deliveries from vessels 60 ft                          1 CDQ observer for each CDQ delivery
 using nontrawl gear and groundfish CDQ fishing
Shoreside processor, deliveries from vessels 60 ft                             no observer required for delivery
 using nontrawl gear and halibut CDQ fishing
Shoreside processor, deliveries from vessels using      1 CDQ observer for each CDQ delivery; may use vessel CDQ
 nontrawl gear, Option 1\1\                                                 obs. under certain circumstances.\4\
Shoreside processor, deliveries from vessels using                         no CDQ observer required for delivery
 nontrawl gear, Option 2\2\
----------------------------------------------------------------------------------------------------------------
\1\ Option 1 is a CDQ catch accounting option that requires the vessel operator to retain all groundfish CDQ and
  salmon PSQ and deliver it to a processor where it is sorted by species, weighed, and reported to NMFS.
\2\ Option 2 is a CDQ catch accounting option where catch may be discarded at sea. Observer data is used for all
  catch accounting and the processor's reports of landed catch weight are not used as the basis for CDQ catch
  accounting.
\3\ Includes stationary floating processors.
\4\ Instead of having a separate observer for the shoreplant, the vessel observer may monitor sorting and
  weighing of CDQ delivery as long as working hour limitations for the vessel observer are not exceeded.

    This final rule also makes 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 is removing the requirement that CDQ observers be onboard 
catcher/processors or motherships when they are being used only to 
transport CDQ catch. In some cases, processor vessels and motherships 
continue to transport CDQ catch onboard long after catching and/or 
processing of the CDQ catch has been completed. No need exists for a 
CDQ observer to be onboard solely to monitor the transport of processed 
product.

Classification

    At the proposed rule stage, the Chief Counsel for Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this action, if adopted, would 
not have a significant impact on a substantial number of small 
entities. A summary of that certification follows:
    The final rule would apply to the 21 catcher vessels greater than 
or equal to 60 ft LOA (18.3 m) and 10 shoreplants that participate in 
the CDQ fishery. The action 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 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 action would also allow a

[[Page 69485]]

shoreside plant taking CDQ deliveries from some non-trawl catcher 
vessels to provide an observer without CDQ observer-training, rather 
than a CDQ observer, and would reduce observer coverage levels under 
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. As far as NMFS is able to determine, this final rulemaking 
will not have a significant impact on a substantial number of small 
entities.
    No comments were received on that certification and the basis for 
it has not changed. Accordingly, a regulatory flexibility analysis has 
not been prepared for this rule.
    A copy of the RIR can be obtained from NMFS (see ADDRESSES).
    This final 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 final 
rule. Such comments should be sent to the Alaska Regional Administrator 
(see ADDRESSES).

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: November 9, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries National Marine Fisheries 
Service.

    For the reasons set forth in the preamble, 50 CFR part 679 is 
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 CDQ 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 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. 00-29484 Filed 11-16-00; 8:45 am]
BILLING CODE: 3510-22 -S