[Federal Register Volume 74, Number 193 (Wednesday, October 7, 2009)]
[Rules and Regulations]
[Pages 51512-51514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24221]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 090601946-91010-01]
RIN 0648-AX94


Fisheries of the Exclusive Economic Zone Off Alaska, Groundfish 
Observer Program; Correction

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

ACTION: Correcting amendments.

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SUMMARY: This action makes four corrections to regulations. It corrects 
a final rule removing the December 31, 2007, expiration date for 
regulations governing the North Pacific Observer Program. NMFS intended 
this final rule to remove the expiration date from all paragraphs, 
however, due to the overlay of an additional and overlooked expiration 
date in a different final rule, NMFS inadvertently removed the 
regulations governing observer coverage for catcher/processors and 
motherships participating in the pollock fisheries in the Bering Sea 
and Aleutian Islands management area. This correcting amendment 
reinstates those observer coverage requirements. In addition, this rule 
corrects a cross-reference error; removes an expiration date; and 
removes effective dates that have now passed from certain paragraphs.

DATES: Effective October 7, 2009.

[[Page 51513]]


FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    NMFS has determined that four errors exist in the North Pacific 
Groundfish Observer Program (Observer Program) regulations at Sec.  
679.50.
    This final rule will correct an error that resulted when NMFS 
overlooked the existence of a sunset provision for observer coverage 
requirements. Observer program vessel and processor coverage 
requirements are set forth at 50 CFR 679.50. Prior to 2007, the 
observer program and the observer coverage requirements were subject to 
periodic sunset dates. The last sunset date extension prolonged the 
observer program and, with one exception explained further below, all 
coverage requirements to December 31, 2007, (67 FR 72595; December 6, 
2002).
    Although the observer program and coverage requirements were 
generally established and reauthorized in single rulemakings, one 
particular component of the observer coverage requirements was 
originally implemented under the American Fisheries Act (AFA) (67 FR 
79692; December 30, 2002). This component established coverage 
requirements for catcher/processors and motherships participating in 
the BSAI pollock fisheries. These regulations are found at Sec.  
679.50(c)(5). These AFA regulations originally established an AFA 
Program-wide sunset date of December 31, 2007. Subsequent to the 2002 
AFA program establishment, and except for the observer coverage 
requirements found at Sec.  679.50(c)(5), the sunset date was removed 
and the AFA program became permanent by a final rule published on 
February 10, 2004 (69 FR 6198). NMFS left the AFA observer coverage 
requirements sunset date unchanged in the 2004 final rule because NMFS 
considered the AFA requirements an integrated component of the larger 
body of observer coverage requirements.
    In a final rule published on June 13, 2007, NMFS attempted to 
remove the December 31, 2007, sunset date for the groundfish Observer 
Program (72 FR 32559). Although it was NMFS' intent to extend all 
coverage requirements set forth in Sec.  679.50, NMFS overlooked the 
independent expiration date that continued to apply to Sec.  
679.50(c)(5) from the December 30, 2002, AFA final rule. NMFS should 
have addressed and removed this independent sunset date when it removed 
the sunset for the entire program and related coverage requirements in 
the June, 2007, final rule. This correcting amendment removes that 
sunset date applicable to the Sec.  679.5(c)(5) regulations, and 
reinstates them.
    The other sunset date reference (December 31, 2007) that was 
overlooked and is now removed is found in Sec.  679.1(f).
    Next, a cross-reference related to observer workload restrictions 
in Sec.  679.50(c)(5)(i)(A) is corrected by removing ``(c)(5)(iii)'' 
and replacing it with ``(c)(5)(ii)'' which is the correct cross-
reference.
    The effective date (January 20, 2008) is removed from Sec. Sec.  
679.50(c)(4)(i)(A) and 679.50(c)(6) because it is no longer necessary. 
This effective date was added in a final rule (September 14, 2007, 72 
FR 52668) to identify paragraphs with delayed effectiveness dates.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Acting Assistant Administrator 
of Fisheries (AA) finds good cause to waive prior notice and 
opportunity for public comment. Data collected by observers is critical 
for conservation and management of the groundfish fisheries off Alaska 
and for assessing the impact of these fisheries on other aspects of the 
marine environment. Without these regulations, fishing vessels could 
overfish the stock and exceed bycatch reduction allowances in violation 
of the Magnuson Stevens Fishery Conservation and Management Act (MSA). 
NMFS only recently discovered these errors and to ensure uninterrupted 
and comprehensive management of the fisheries, believes that it is in 
the public interest to institute the corrections without prior notice 
and opportunity for comment. Furthermore, the errors need to be 
corrected immediately to eliminate potential confusion.
    For these reasons, the AA finds good cause to waive prior notice 
and opportunity for public comment and the 30-day delay in the 
effective date under 5 U.S.C. 553(d)(3), as such procedures would be 
contrary to the public interest. Because prior notice and opportunity 
for public comment are not required for this 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.
    The Acting AA for NMFS has determined that this action is 
consistent with MSA and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: October 1, 2009
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

0
For the same reasons set out in the preamble, 50 CFR part 679 is 
corrected by making the following correcting amendments:

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

0
1. The authority citation for part 679 continues to read as follows:

    Authority: 16 U.S.C. 773 et seq.; 1540(f); 1801 et seq.; 1851 
note; 3631 et seq.

0
2. In Sec.  679.1, revise the heading for paragraph (f) to read as 
follows:


Sec.  679.1  Purpose and scope.

* * * * *
    (f) Groundfish Observer Program.
* * * * *

0
3. In Sec.  679.50, add paragraph (c)(5); revise heading for paragraph 
(c)(4)(i)(A); and revise heading for paragraph (c)(6) to read as 
follows:


Sec.  679.50  Groundfish Observer Program.

* * * * *
    (c) * * *
    (4) * * *
    (i) * * *
    (A) CDQ groundfish fisheries.
* * * * *
    (5) AFA and AI directed pollock fishery catcher/processors and 
motherships--(i) Coverage requirement--(A) Listed AFA catcher/
processors and AFA motherships. The owner or operator of a listed AFA 
catcher/processor or AFA mothership must provide at least two NMFS-
certified observers, at least one of which must be certified as a lead 
level 2 observer, 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 paragraph (c)(5)(ii) 
of this section would otherwise preclude sampling as required under 
Sec.  679.63(a)(1).
    (B) Unlisted AFA catcher/processors. The owner or operator of an 
unlisted 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. At least one observer must be certified as a 
lead level 2 observer. When an unlisted 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

[[Page 51514]]

coverage requirements at paragraph (c)(1)(iv) of this section apply.
    (C) AI directed pollock fishery catcher/processors and motherships. 
A catcher/processor participating in the AI directed pollock fishery or 
a mothership processing pollock harvested in the AI directed pollock 
fishery must have on board at least two NMFS-certified observers, at 
least one of which must be certified as a lead level 2 observer, 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 paragraph (c)(5)(ii) of this section 
would otherwise preclude sampling as required under Sec.  679.63(a)(1).
    (ii) 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.
    (6) Amendment 80 vessels and non-AFA trawl catcher/processors.
* * * * *
[FR Doc. E9-24221 Filed 10-6-09; 8:45 am]
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