[Federal Register Volume 66, Number 14 (Monday, January 22, 2001)]
[Rules and Regulations]
[Pages 7327-7331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1698]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010111009-1009-01; I.D. 122600A]
RIN 0648-AO72


Fisheries of the Exclusive Economic Zone Off Alaska; Emergency 
Interim Rule to Revise Certain Provisions of the American Fisheries Act

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

ACTION: Emergency interim rule; request for comments.

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SUMMARY: NMFS issues emergency interim regulations to supersede certain 
provisions of the American Fisheries Act (AFA). The elements of this 
emergency interim rule include a revised definition of ``qualified 
catcher vessel'' for the purpose of determining eligibility for inshore 
cooperatives, a revised formula to allocate the Bering Sea and Aleutian 
Islands Management Area (BSAI) pollock total allowable catch (TAC) 
among inshore cooperatives, a revised formula for establishing crab 
processing sideboard limits, revised observer coverage requirements for 
catcher/processors and motherships participating in the AFA and 
Community Development Quota program (CDQ) pollock fisheries, and 
revised authority to publish and manage AFA catcher/processors and AFA 
catcher vessel groundfish harvesting sideboards. This action is 
necessary to implement requirements of the AFA for the 2001 fishing 
year. The intended effect of this action is to further the 
socioeconomic objectives of the AFA.

DATES: Effective January 18, 2001 through July 17, 2001. Comments on 
this emergency interim rule must be received by February 21, 2001.

ADDRESSES: Comments must be sent to Sue Salveson, Assistant 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802, Attn: Lori Gravel, or delivered to 
Federal Building, Fourth Floor, 709 West 9th Street, Juneau, AK, and 
marked Attn: Lori Gravel. Comments may also be sent via facsimile (fax) 
to (907) 586-7465. Comments will not be accepted if sent by e-mail. 
Copies of the Environmental Assessment/Regulatory Impact Review (EA/
RIR) prepared for this action may be obtained from Alaska Region, NMFS.

FOR FURTHER INFORMATION CONTACT: Kent Lind, 907-586-7228 or 
[email protected]

SUPPLEMENTARY INFORMATION: NMFS manages the U.S. groundfish fisheries 
in the exclusive economic zone (EEZ) of the BSAI and Gulf of Alaska 
(GOA) under the fishery management plans (FMPs) for groundfish in the 
respective areas. With Federal oversight, the State of Alaska manages 
the commercial king crab and Tanner crab fisheries in the BSAI and the 
commercial scallop fishery off Alaska under the FMPs for those 
fisheries. The North Pacific Fishery Management Council (Council) 
prepared, and NMFS approved, the FMPs under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), 16 U.S.C. 1801 et seq. Regulations implementing the FMPs 
appear at 50 CFR part 679. General regulations governing U.S. fisheries 
also appear at 50 CFR part 600.

American Fisheries Act--Background Information

    The AFA (Div. C, Title II, Subtitle II, Pub. L. No. 105-277, 112 
Stat. 2681 (1998)) enacted on October 21, 1998, made profound changes 
to the BSAI pollock fishery and, to a lesser extent, to the groundfish 
and crab fisheries within the EEZ off Alaska. The major provisions of 
the AFA were implemented on an interim basis by emergency rule 
published January 28, 2000 (65 FR 4520, extended 65 FR 39107, June 23, 
2000). Detailed information on the AFA may be found in the January 2000 
emergency interim rule and in the EA/RIR developed for that emergency 
interim rule. The Council has prepared FMP Amendments 61/61/13/8 to 
implement the major provisions of the AFA (Amendment 61 to the FMP for 
the Groundfish Fishery of the Bering Sea and Aleutian Islands Area, 
Amendment 61 to the FMP for Groundfish of the Gulf of Alaska, Amendment 
13 to the FMP for the King and Tanner Crab Fisheries in the Bering Sea/
Aleutian Islands, and Amendment 8 to the FMP for the Scallop Fishery 
off Alaska). If the amendments are approved, implementing regulations 
are expected to be effective by mid-2001. This emergency interim rule 
gives immediate effect to certain revisions necessary for the start of 
the groundfish fisheries in 2001.

Development of Emergency Interim Rule

    The measures contained in this emergency interim rule were 
developed over the course of several Council meetings held June through 
October 2000.
    In June 2000, the Council examined the AFA definition of 
``qualified catcher vessel'' in paragraph 210(b)(3) of the AFA and 
recommended that the definition be superseded by the revision contained 
in this emergency interim rule to allow a retired or inactive vessel to 
maintain membership in an inshore cooperative. In addition, the Council 
examined the AFA formula used to establish allocations for inshore 
cooperatives and the inshore ``open access'' fishery and recommended 
that the formula be superseded by a new formula set out in this 
emergency interim rule.
    In September 2000, the Council examined proposed changes to crab 
processing sideboard limits and adopted a revision to the years used to 
calculate crab processing sideboard amounts by using 1995 through 1998 
to determine crab processing history and counting the 1998 processing 
year twice (double weight).
    In October 2000, the Council reviewed the implementation schedule 
for Amendments 61/61/13/8 and determined that its previous 
recommendations with respect to the definition of ``qualified catcher 
vessel,'' the inshore cooperative allocation formula, and the crab 
processing sideboard limits should be implemented by emergency interim 
rule in order to be effective by the start of the 2001 pollock fishery. 
In addition, the Council recommended that the change in observer 
coverage for catcher/processors and motherships participating in the 
pollock CDQ fishery should be revised. These recommendations, along 
with the 2001 catcher/processor and catcher vessel harvesting 
sideboards publishing authority, comprise the elements of this action.
    This emergency interim rule would be superseded by the final rule 
to implement FMP Amendments 61/61/13/8, if such a final rule is 
approved by NMFS. FMP Amendments 61/61/13/8 supersede some of the 
requirements found in the AFA. All the management measures implemented 
by this emergency interim rule are the same as a number of the 
management measures in FMP Amendments 61/61/13/8. The primary five 
elements of this emergency interim rule are summarized below.

[[Page 7328]]

1. Definition of Qualified Catcher Vessel

    In June 2000, the Council adopted a definition of ``qualified 
catcher vessel'' that would supersede the definition contained in the 
AFA. Paragraph 210(b)(3) of the AFA currently defines ``qualified 
catcher vessel'' as follows:
    QUALIFIED CATCHER VESSEL. For the purposes of this subsection, a 
catcher vessel shall be considered a ``qualified catcher vessel'' 
if, during the year prior to the year in which the fishery 
cooperative will be in effect, it delivered more pollock to the 
shoreside processor to which it will deliver pollock under the 
fishery cooperative in paragraph (1) than to any other shoreside 
processor.
    This definition effectively prevents the retirement of catcher 
vessels that are no longer needed to harvest a cooperative's annual 
allocation of pollock because each vessel is required to make a 
qualifying landing every year to remain in a cooperative in each 
subsequent year. The Council is recommending that this definition be 
replaced with a new definition of ``qualified catcher vessel.'' Under 
this new definition, an inactive vessel would remain qualified to join 
the cooperative that is associated with the processor to which it 
delivered more pollock than any other inshore processor during the last 
year in which the vessel participated in the inshore sector of the 
BSAI- directed pollock fishery. The Council's recommended change would 
not affect vessels that were active in the BSAI pollock fishery during 
the year prior to the year in which the cooperative fishing permit will 
be in effect.
    The Council derives its authority to supersede certain provisions 
of the AFA and to recommend an alternative definition of ``qualified 
catcher vessel'' from paragraph 213(c)(1) of the AFA. Paragraph 
213(c)(1) provides that:
    CHANGES TO FISHERY COOPERATIVE LIMITATIONS AND POLLOCK CDQ 
ALLOCATION. The North Pacific Council may recommend and the 
Secretary may approve conservation and management measures in 
accordance with the Magnuson-Stevens Act--
    (1) that supersede the provisions of this title, except for 
sections 206 and 208, for conservation purposes or to mitigate 
adverse effects in fisheries or on owners of fewer than three 
vessels in the directed pollock fishery caused by this title or 
fishery cooperatives in the directed pollock fishery, provided such 
measures take into account all factors affecting the fisheries and 
are imposed fairly and equitably to the extent practicable among and 
within the sectors in the directed pollock fishery;
    In making the recommendation to supersede the AFA definition of 
``qualified catcher vessel,'' the Council determined that this change 
meets the criteria set out in paragraph 213(c)(1) of the AFA because 
the action would mitigate adverse effects on owners of fewer than three 
catcher vessels in the directed pollock fishery. Such vessels are 
smaller, on average, than the processor-owned catcher vessel fleets, 
and most of the smallest AFA catcher vessels are independently owned. 
Many of these smaller independently owned vessels may be less safe to 
operate in the wintertime at great distances from shore under new 
Steller sea lion protection measures that have restricted fishing in 
most nearshore areas to protect Steller sea lion critical habitat (65 
FR 3892, January 25, 2000, extended 65 FR 36795, June 12, 2000). 
Maintaining the existing requirement that all such vessels fish each 
year to remain qualified to join a cooperative each following year 
could force small catcher vessel owners to take unnecessary risks.
    In addition, some catcher vessels that are eligible to fish for 
pollock under the AFA have since been lost or may no longer be safe to 
operate without major rebuilding. Under this change, the owners of such 
vessels could remain in cooperatives without the need to rebuild or 
deploy new vessels into the BSAI pollock fishery. In making this 
recommendation, the Council noted that a primary objective of the AFA 
is to reduce excess capacity in the BSAI pollock fishery and that 
changing the definition of ``qualified catcher vessel'' will further 
that objective.
    Finally, the Council determined that special circumstances existed 
in the fishery that made immediate emergency action necessary. During 
the 2000 fishery, the owners of a number of smaller AFA catcher vessels 
had intended to fish for BSAI pollock during the C/D season in order to 
qualify for cooperatives. However, on August 7, 2000, the United States 
District Court for the Western District of Washington issued an Order 
enjoining all groundfish trawling within Steller sea lion critical 
habitat west of 144 deg. W. long. until further order of the Court. The 
injunction became effective at 11 a.m. Alaska time on August 8, 2000. 
As a result of the injunction prohibiting trawling in critical habitat, 
the owners of many of the smaller AFA catcher vessels chose not to fish 
during the C/D season due to the distances from shore required to fish 
under the injunction. These vessel owners believed that the Council's 
action to supersede the AFA definition of qualified catcher vessel 
would allow them to maintain membership in their cooperatives without 
the need to participate in the 2000 C/D season under the injunction. 
The Council noted that emergency action would be required to allow such 
vessels to remain in cooperatives for the 2001 fishing year and 
determined that such emergency action was warranted, given the 
extraordinary and unforseen circumstances of the injunction.

2. Inshore Cooperative Allocations

    Subparagraph 210(b)(1)(B) of the AFA sets out a specific formula 
for determining the allocation of pollock to each inshore cooperative 
as follows:
    ...the Secretary shall allow only such catcher vessels...to 
harvest the aggregate percentage of the directed fishing allowance 
under section 206(b)(1) in the year in which the fishery cooperative 
will be in effect that is equivalent to the aggregate total amount 
of pollock harvested by such catcher vessels...in the directed 
pollock fishery for processing by the inshore component during 1995, 
1996, and 1997 relative to the aggregate total amount of pollock 
harvested in the directed pollock fishery for processing by the 
inshore component during such years and shall prevent such catcher 
vessels...from harvesting in aggregate in excess of such percentage 
of such directed fishing allowance.
    In other words, under the AFA, each inshore cooperative's pollock 
allocation is a percentage of the inshore sector allocation that is 
equal to the aggregate inshore landings by all member vessels in the 
cooperative from 1995 through 1997 relative to the total inshore 
landings during that period.
    However, paragraph 213(c)(3) of the AFA provides the Council with 
the authority to recommend an alternative allocation formula:
    The North Pacific Council may recommend and the Secretary may 
approve conservation and management measures in accordance with the 
Magnuson-Stevens Act...that supersede the criteria required in 
paragraph (1) of section 210(b) to be used by the Secretary to set 
the percentage allowed to be harvested by catcher vessels pursuant 
to a fishery cooperative under such paragraph.
    Using this authority, the Council is recommending three changes 
that would supersede the inshore cooperative allocation formula set out 
in the AFA. These changes are contained in this emergency interim rule 
and described below.
    a. Offshore compensation. The first change would allow inshore 
catcher vessels to receive inshore catch history credit for landings 
made to catcher/processors if the vessel made cumulative landings to 
catcher/processors of more than 499 mt of BSAI pollock during the 1995 
through 1997 qualifying period. The Council is recommending this change 
to assist the cooperatives in meeting the intent of paragraph 210(b)(4) 
of the AFA, which requires that:

[[Page 7329]]

    Any contract implementing a fishery cooperative under paragraph 
(1) which has been entered into by the owner of a qualified catcher 
vessel eligible under section 208(a) that harvested pollock for 
processing by catcher/processors or motherships in the directed 
pollock fishery during 1995, 1996, and 1997 shall, to the extent 
practicable, provide fair and equitable terms and conditions for the 
owner of such qualified catcher vessel.
    The Council believes that catcher vessels with sustained 
participation delivering to catcher/processors, but excluded from 
delivering to catcher/processors under subsection 208(b) of the AFA, 
should not be disadvantaged by the new management regime. The Council 
chose 499 mt as the threshold based on information presented in an 
analysis, which indicated that 499 mt provided a reasonable distinction 
between vessels with significant history of delivering to catcher/
processors and vessels that had only incidental deliveries to catcher/
processors during the 1995 through 1997 qualifying period. Only 
deliveries to catcher/processors would be considered for such 
``compensation'' and not deliveries made to the three motherships 
listed in subsection 208(d) of the AFA because any vessel with more 
than 250 mt of pollock deliveries to one of the three AFA motherships 
during the qualifying period earned an endorsement to deliver pollock 
to AFA motherships under the AFA and ``lost'' no fishing privileges as 
a result of the AFA.
    b. Using the best 2 of 3 years from 1995-1997. The second change 
would modify the allocation formula so that the share of the BSAI 
pollock TAC that each catcher vessel brings into a cooperative would be 
based on average annual pollock landings in its best 2 out of 3 years 
from 1995 through 1997. This change, along with the offshore 
compensation formula, was unanimously endorsed by industry 
representatives during public testimony. These changes are viewed as a 
more equitable method of allocating pollock catch because some vessels 
may have missed all or part of the inshore fishery in a given year due 
to such unavoidable circumstances as vessel breakdowns or lack of 
markets.
    c. Revised open access formula. Finally, the third change to the 
allocation formula would reduce the denominator in the formula from 
``the aggregate total amount of pollock harvested in the directed 
pollock fishery for processing by the inshore component'' to ``the 
aggregate total amount of pollock harvested by AFA catcher vessels with 
inshore sector endorsements.'' The effect of this change is to 
eliminate from the formula all 1995 through 1997 catch history made by 
vessels that are not AFA catcher vessels with inshore sector 
endorsements. One consequence of the current formula is that all 
inshore catch history made by non-AFA vessels and by AFA catcher 
vessels without inshore endorsements defaults to the open access 
sector. The Council believes that this results in an inshore open 
access allocation that is unfairly inflated to the detriment of vessels 
in cooperatives. Inflating the open access quota in such a manner 
provides incentives for vessels to leave cooperatives, which could 
prevent rationalizing the BSAI pollock fishery, an objective of AFA. 
Under this recommended change, the cooperative and the open access 
sectors would be treated equally, and allocations to both sectors would 
be based only on the fishing histories of the vessels in each group. 
All three of these changes will be incorporated into proposed FMP 
Amendments 61/61/13/8 as Council recommendations that supersede the AFA 
and are included in this emergency interim rule for implementation in 
2001.

3. Crab Processing Sideboards

    Subparagraph 211(c)(2)(A) of the AFA establishes limits on crab 
processing by AFA inshore processors and AFA motherships that receive 
pollock harvested by a fishery cooperative:
    Effective January 1, 2000, the owners of the motherships 
eligible under section 208(d) and the shoreside processors eligible 
under section 208(f) that receive pollock from the directed pollock 
fishery under a fishery cooperative are hereby prohibited from 
processing, in the aggregate for each calendar year, more than the 
percentage of the total catch of each species of crab in directed 
fisheries under the jurisdiction of the North Pacific Council than 
facilities operated by such owners processed of each such species in 
the aggregate, on average, in 1995, 1996, 1997. For the purposes of 
this subparagraph, the term ``facilities'' means any processing 
plant, catcher/processor, mothership, floating processor, or any 
other operation that processes fish. Any entity in which 10 percent 
or more of the interest is owned or controlled by another individual 
or entity shall be considered to be the same entity as the other 
individual or entity for the purposes of this subparagraph.
    These crab processing limits were intended by Congress to prevent 
negative spillover effects of AFA on other fisheries, hence the term 
``sideboards.'' NMFS first implemented these limits by emergency 
interim rule published January 28, 2000 (65 FR 4520, extended at 65 FR 
39107). However, in September 2000 the Council recommended that the 
years used to calculate crab processing sideboard amounts be revised by 
adding 1998 and by giving it a double weight. This action was based, in 
part, on concerns expressed by some crab fishermen and AFA processors 
that too many non-AFA processors have left the crab fisheries since 
1997 and that the 1995 through 1997 years did not accurately reflect 
the composition of the crab processing industry at the time of passage 
of the AFA. Some crab fishermen testified to the Council that AFA crab 
processing limits were restricting markets for crab fishermen and 
having a negative effect on exvessel prices. By adding 1998 and by 
giving it a double weight relative to 1995 through 1997, the Council 
believes that the crab processing limits would more accurately reflect 
the status of the crab processing industry at the time of passage of 
the AFA and that such a change to supersede this provision of the AFA 
is warranted to mitigate adverse effects on markets for crab fishermen.

4. CDQ and AFA Observer Requirements

    Under the emergency interim rules governing the AFA pollock fishery 
in 1999 and 2000, AFA catcher/processors and motherships were required 
to have one lead CDQ observer at all times, but the second observer 
requirement could be filled by any NMFS-certified observer. However, 
the CDQ program imposed a higher requirement of one lead CDQ observer 
and a second CDQ observer for catcher/processors and motherships 
participating in the CDQ pollock fishery. Under this emergency interim 
rule, the observer requirements for catcher/processors and motherships 
in the AFA and CDQ pollock fisheries would use the same standard 
requiring at least one lead CDQ observer aboard at all times, but allow 
the second observer position to be filled by any NMFS-certified 
observer.
    Observer requirements in the AFA program and the directed pollock 
fishery in the CDQ program are reasonably consistent. The data quality 
needs for CDQ and AFA pollock catch accounting are virtually identical. 
Further, vessels will often fish for CDQ and AFA-allocated pollock 
during the same fishing trip, and similar observer requirements will 
simplify observer deployment logistics. Therefore, NMFS is amending the 
current observer requirements under the CDQ program for only those 
catcher/processors and motherships participating in the directed 
fishery for pollock CDQ to be consistent with the AFA observer 
requirements for those vessel classes.

5. Catcher/Processor and Catcher Vessel Groundfish Sideboards

    Section 211(a), (b), and (c) of the AFA requires NMFS to establish 
sideboard

[[Page 7330]]

limits for AFA catcher/processors and AFA catcher vessels. This 
requirement of the AFA was implemented through the emergency interim 
rule published January 28, 2000 (65 FR 4520, extended 65 FR 39107, June 
23, 2000). Upon recommendation of the Council, this emergency interim 
rule takes a more streamlined approach for publishing and managing 
sideboard amounts. Under this action, NMFS will simply publish catcher/
processor and catcher vessel groundfish sideboard amounts based on 
recommendations from the Council and manage these sideboards through 
directed fishing closures. This approach is distinct from the previous 
emergency rule, which specified each individual sideboard amount in 
regulation although the practical effect will be the same. The Council 
determined that emergency action is necessary to implement the AFA-
mandated sideboard measures for the start of the 2001 fishing year. In 
the absence of sideboards, participants in other fisheries could be 
severely disadvantaged by an influx of unregulated fishing effort from 
AFA vessels.

Classification

    The Assistant Administrator for Fisheries, NOAA, has determined 
that this rule is necessary to respond to an emergency situation and 
that it is consistent with the Magnuson-Stevens Act, AFA, and other 
applicable laws.
    Pursuant to the National Environmental Policy Act, an EA/RIR was 
developed for this action. The EA/RIR may be obtained from the Alaska 
Regional Office (see ADDRESSES).
    This emergency interim rule has been determined to be not 
significant for the purposes of Executive Order 12866.
    Because prior notice and opportunity for public comment are not 
required for this emergency interim rule by 5 U.S.C. 553, or any other 
law, the analytical requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq., are inapplicable.
    NMFS finds that there is good cause to waive the requirement to 
provide prior notice and an opportunity for public comment pursuant to 
authority set forth at 5 U.S.C. 553(b)(B) as such procedure would be 
impracticable and contrary to the public interest. This action is 
necessary to provide participants in the BSAI groundfish fishery the 
opportunity to reorganize inshore catcher vessel cooperatives for the 
2001 fishing year in the manner recommended by the Council and 
requested by the industry. This action is also necessary to implement 
sideboard restrictions to protect participants in other Alaska 
fisheries from negative impacts as a result of fishery cooperatives 
formed under the AFA. The need to avoid delaying the start of the 
pollock season to implement these measures constitutes good cause to 
waive, pursuant to authority set forth at 5 U.S.C. 553(d)(3), the 30-
day delay in effective date otherwise required by 5 U.S.C. 553(d).
    On November 30, 2000, NMFS issued a new programmatic Biological 
Opinion under section 7 of the Endangered Species Act. This opinion is 
comprehensive in scope and considers the fisheries and the overall 
management framework established by the respective FMPs to determine 
whether that framework contains necessary measures to ensure the 
protection of listed species and critical habitat. The opinion 
determines whether the BSAI or GOA groundfish fisheries, as implemented 
under the respective FMPs, jeopardize the continued existence of listed 
species in the areas affected by the fisheries (i.e., the action areas) 
or adversely modify critical habitat of such species. NMFS determined 
that fishing activity under the FMPs is likely to jeopardize the 
continued existence of the western population of Steller sea lions and 
is likely to adversely modify their designated critical habitat. NMFS 
has developed a reasonable and prudent alternative (RPA) with multiple 
components for the groundfish fisheries in the BSAI and GOA. The 
components of the RPA address (1) the harvest strategy for fish removal 
at the global or FMP level and (2) the protection of Steller sea lions 
from groundfish fisheries at global and regional scales and in both 
temporal and spatial dimensions. Nothing in this action is expected to 
impact endangered or threatened marine mammals and fish or bird species 
in ways that were not considered in the current or previous 
consultations.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: January 16, 2001
Penelope D. Dalton,
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. 679.2, the definition of ``AFA qualified catcher 
vessel'' is added in alphabetical order to read as follows:


Sec. 679.2  Definitions.

* * * * *
    AFA qualified catcher vessel (applicable through July 17, 2001) is 
a vessel that delivered more pollock to the AFA inshore processor that 
is associated with the inshore catcher vessel cooperative that the 
vessel wishes to join than to any other inshore processor in the last 
year in which the vessel engaged in directed fishing for pollock in the 
BSAI for delivery to the inshore sector. Notwithstanding the definition 
of this term at paragraph 210(b)(3) of the AFA, and for purposes of 
determining eligibility to participate in an AFA inshore cooperatives 
under Sec. 679.20(a)(5)(i)(D).
* * * * *

    3. In Sec. 679.20, paragraphs (a)(5)(i)(D), (a)(5)(i)(E), and 
(c)(3)(iv) are added, and (d)(1)(iv) is suspended and (d)(1)(v) is 
added to read as follows:


Sec. 679.20  General limitations.

* * * * *
    (a) * * *
    (5) * * *
    (i) * * *
    (D) AFA sectoral allocations (applicable through July 17, 2001). 
Allocations of BSAI pollock to the CDQ program and to the inshore, 
catcher/processor, and mothership sectors will be made in accordance 
with section 206 of the AFA except that:
    (1) Inshore cooperative membership. Participation in inshore 
catcher vessel cooperatives formed under paragraph 210(b)(1) of the AFA 
is limited to ``AFA-qualified catcher vessels'' as defined in 
Sec. 679.2.
    (2) Inshore cooperative allocation formula. NMFS will allocate 
Bering Sea Subarea pollock to each inshore cooperative according to the 
formula set out in paragraph 210(b)(1) of the AFA with the following 
changes and according to the following steps:
    (i) Determination of official catch history. NMFS will establish an 
official catch history for each AFA inshore catcher vessel that is 
equal to the sum of the 2 highest years of inshore sector pollock 
landings made by such vessel from 1995 to 1997.
    (ii) Offshore compensation. If an inshore catcher vessel made more 
than 499 mt of BSAI pollock landings to catcher/processors in the 
aggregate during the period 1995 through 1997, all BSAI pollock 
landings made to catcher/processors by such vessel would be

[[Page 7331]]

added to its official catch history prior to determination of the 
vessel's best 2 of 3 years.
    (iii) Cooperative allocation formula. Each inshore catcher vessel 
cooperative approved by NMFS under paragraph 210(b)(1) of the AFA will 
receive an allocation of the interim and final Bering Sea subarea 
inshore pollock TAC that is equal to the sum of each member vessel's 
official catch histories divided by the sum of official catch histories 
of all AFA inshore catcher vessels, multiplied by the interim and final 
TAC allocations, respectively.
    (E) AFA crab processing sideboards (applicable through July 17, 
2001). NMFS will determine crab processing sideboard limits for each 
AFA entity in accordance with the formula set out in subparagraph 
211(c)(2)(A) of the AFA, except that the years used to calculate crab 
processing sideboard amounts will also include 1998 processed amounts, 
and NMFS will give the 1998 amounts double-weight in the formula.
* * * * *
    (c) * * *
    (3) * * *
    (iv) Sideboard publication (applicable through July 17, 2001). NMFS 
will publish AFA sideboard limits for AFA catcher vessels and AFA 
catcher/processors for each groundfish species and groundfish species 
group for which final specifications are published under paragraph 
(c)(3)(i) of this section. Sideboard amounts will be based on 
recommendations from the Council consistent with section 211 of the 
AFA.
* * * * *
    (d) * * *
    (1) * * *
    (v) AFA sideboard closures (applicable through July 17, 2001). If 
the Regional Administrator determines that any sideboard harvest limit 
for a group of AFA vessels published under Sec. 679.20 (c)(3)(iv) has 
been or will be reached, the Regional Administrator may establish a 
directed fishing allowance for the species or species group applicable 
only to the identified group of AFA vessels. In establishing a directed 
fishing allowance, the Regional Administrator shall consider the amount 
that will be taken as incidental catch by those vessels in directed 
fishing for other species.
* * * * *

    4. In Sec. 679.50, paragraphs (c)(4)(i), (c)(5), and (d)(5) are 
suspended, and paragraphs (c)(4)(vi), (c)(6), and (d)(6) are added to 
read as follows:


Sec. 679.50  Groundfish observer program applicable through December 
31, 2002.

* * * * *
    (c) * * *
    (4) * * *
    (vi) Motherships or catcher/processors using trawl gear (applicable 
through July 17, 2001). (A) A mothership or catcher/processor using 
trawl gear to participate in a directed fishery for pollock CDQ must 
have at least two NMFS-certified observers aboard the vessel, at least 
one of whom must be certified as a lead CDQ observer as described at 
paragraph (h)(1)(i)(E) of this section.
    (B) A mothership or catcher/processor using trawl gear to 
participate in a directed fishery for other than pollock CDQ must have 
at least two CDQ observers as described at paragraphs (h)(1)(i)(D) and 
(E) of this section aboard the vessel, at least one of whom must be 
certified as a lead CDQ observer.
    (6) AFA catcher/processors and motherships ( applicable through 
July 17, 2001)--(i) Coverage requirement.
    (A) (Applicable through July 17, 2001). Unrestricted AFA catcher/
processors and AFA motherships. The owner or operator of an 
unrestricted AFA catcher/processor or AFA mothership must provide at 
least two NMFS certified observers for each day that the vessel is used 
to harvest, process, or take deliveries of groundfish. More than two 
observers are required if the observer workload restriction at 
Sec. 679.50(c)(5)(iii) would otherwise preclude sampling as required 
under Sec. 679.62(a)(1).
    (B) (Applicable through July 17, 2001). Restricted AFA catcher/
processors. The owner or operator of a restricted AFA catcher/processor 
must provide at least two NMFS certified observers for each day that 
the vessel is used to engage in directed fishing for pollock in the 
BSAI, or takes deliveries of pollock harvested in the BSAI. When a 
restricted AFA catcher/processor is not engaged in directed fishing for 
BSAI pollock and is not receiving deliveries of pollock harvested in 
the BSAI, the observer coverage requirements at Sec. 679.50(c)(1)(iv) 
apply.
    (ii) (Applicable through July 17, 2001). Certification level. At 
least one of the observers required under paragraphs (c)(5)(i)(A) and 
(B) of this section must be certified as a lead CDQ observer as 
specified in paragraph (h)(1)(i)(E)(1) of this section.
    (iii) (Applicable through July 17, 2001). Observer work load. The 
time required for the observer to complete sampling, data recording, 
and data communication duties may not exceed 12 consecutive hours in 
each 24-hour period, and, the observer may not sample more than 9 hours 
in each 24-hour period.
    (d) * * *
    (6) AFA inshore processors (applicable through July 17, 2001).--(i) 
Coverage level. An AFA inshore processor is required to provide a NMFS 
certified observer for each 12 consecutive hour period of each calendar 
day during which the processor takes delivery of, or processes, 
groundfish harvested by a vessel engaged in a directed pollock fishery 
in the BSAI. A processor that takes delivery of or processes pollock 
for more than 12 consecutive hours in a calendar day is required to 
provide two NMFS-certified observers for each day.
    (ii) (Applicable through July 17, 2001). Multiple processors. An 
observer deployed to an AFA inshore processor may not be assigned to 
cover more than one processor during a calendar day in which the 
processor receives or processes pollock harvested in the BSAI directed 
pollock fishery.
* * * * *
[FR Doc. 01-1698 Filed 1-18-01; 3:32 pm]
BILLING CODE 3510-22-S