[Federal Register Volume 64, Number 198 (Thursday, October 14, 1999)]
[Rules and Regulations]
[Pages 55634-55635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26811]
[[Page 55634]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 980826225-8296-02; I.D. 100499B]
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 interim inseason adjustment to observer
coverage requirements for owners/operators of vessels used to
participate in the North Pacific groundfish fisheries and that are
required to have observers onboard their vessels 30 percent of the
vessel's fishing days. This adjustment is necessary to respond to an
unanticipated increase in the demand for observers and to avoid
jeopardizing the amount and quality of observer data used by NMFS to
manage the groundfish fisheries.
DATES: This adjustment is effective from October 8, 1999 through
December 31, 1999. Comments must be received at the following address
no later than 4:30 p.m., A.l.t., October 29, 1999.
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: Sue Salveson, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the North Pacific groundfish
fisheries in Federal waters off Alaska according to the Fishery
Management Plan for Groundfish of the Gulf of Alaska and the Fishery
Management Plan for the Groundfish Fishery of the Bering Sea and
Aleutians Islands Area (FMPs). The North Pacific Fishery Management
Council, under authority of the Magnuson-Stevens Fishery Conservation
and Management Act, prepared both FMPs. Regulations governing fishing
by U.S. vessels in accordance with the FMPs appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
Observer coverage regulations at Sec. 679.50(c)(1)(v)-(vii) require
certain vessels to carry a NMFS-certified observer on board for 30-
percent of the vessels' fishing days in each quarter of the year.
Recent unanticipated events have increased industry demands for
observer coverage, resulting in a shortage of observers necessary to
meet regulatory requirements. According to observer contractors, the
current shortage of observers can be attributed to several factors,
including increased demand for observer coverage as a result of Alaska
State Board of Fisheries actions affecting participation criteria in
the Bristol Bay red king crab fishery and increased participation in
the Pacific cod pot gear fishery by vessels primarily used to fish for
crab due to unanticipated closures of several crab fisheries.
Insufficient observer availability generally affects the 30-percent
vessels to a greater degree than vessels that are required to have an
observer onboard at all times because (1) the number of 30-percent
vessels is greater than the number of 100-percent vessels, (2) observer
contractors generally have long-standing contracts with 100-percent
vessels that are more amenable to long-range planning and deployment of
observers, and (3) many 30-percent vessels are diversified into non-
groundfish fisheries and operational planning and coordination with
contractors for NMFS-certified observers often is on short notice due
to the inseason uncertainty of when different fisheries will open or
close.
The recent management actions and observer related qualifying
criteria associated with the State-managed crab fisheries have resulted
in a significant change in the interest of crab fishermen to
participate in the 1999 Pacific cod fishery and have created an
unprecedented demand for groundfish observers. The resultant shortage
of observers to meet this increased demand has affected the short-term
ability of contractors to meet industry observer needs, primarily for
30-percent vessels. NMFS believes that this situation jeopardizes
observer data availability for the 30-percent fleet by forcing some
fishermen to choose between foregoing participation in fisheries in a
manner that threatens business solvency and fishing without required
observer coverage in a manner that undermines the quality of
information NMFS requires to manage the groundfish fisheries.
Therefore, in accordance with Sec. 679.50(e), the Administrator,
Alaska Region, NMFS (Regional Administrator), adjusts existing observer
coverage requirements set out at Sec. 679.50(c)(v)-(vii), which are
based on a calender quarter compliance period, to be based on a 6-month
compliance period during the period of July 1, 1999, through December
31, 1999. The Regional Administrator takes this action based on his
finding that the recent and unanticipated increase in the demand for
observer services and the concurrent shortage of observers to meet this
demand could jeopardize compliance with observer coverage requirements
and negatively affect the quality of the data NMFS depends on to manage
the groundfish fisheries. This adjustment allows owners/operators of
vessels required to have 30-percent observer coverage (i.e., vessels
are used to participate for more than 3 fishing days in a directed
fishery for groundfish in a calendar quarter during the last half of
1999) to satisfy the coverage requirements at Sec. 679.50(c)(v)-(vii)
at any time during this 6-month period instead of being constrained to
meet these coverage requirements on a quarterly basis. NMFS anticipates
that this short-term adjustment will provide vessel owners/operators
who require 30-percent coverage more flexibility in coordinating with
observer contractor companies to obtain required observer coverage.
While the overall level of current observer coverage will not decrease
as a result of this adjustment, the adjustment could reduce the amount
of observer data collected during the third calendar quarter of 1999
and potentially increase the amount collected during the final quarter
of 1999. The impacts of this redistribution of coverage are not known,
but are not believed to be significant relative to the benefits of
encouraging compliance with the regulatory framework on which NMFS'
data requirements are based.
NMFS-certified observer contractors assert that the existing
shortage of observers will be alleviated after the first half of
October 1999 because State of Alaska induced observer coverage
requirements will expire on October 15, when the Bristol Bay red king
crab fishery opens; fishermen will have had additional time to
coordinate with contractors for required coverage; and the overall
demand for observers is expected to diminish with anticipated closures
of the inshore and offshore pollock fisheries. Therefore, this short-
term adjustment terminates at 0001 hours A.l.t. on January 1, 2000, at
which time all vessels will again be required to meet the requirements
of Sec. 679.50(c)(v)-(vii) on a quarterly basis.
[[Page 55635]]
Classification
The Assistant Administrator for Fisheries, NOAA, finds for
good cause that providing prior notice and public comment or
delaying the effective date of this action is impracticable and
contrary to the public interest. Without this interim adjustment, NMFS
anticipates increased noncompliance with observer coverage requirements
and an overall reduction in the level and quality of observer data
collected during the last half of 1999. 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 and provides a reasonable
opportunity for fishermen to coordinate with observer contractors to
obtain the required coverage during a 6 month period instead of within
a calendar quarter. 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 October 29, 1999.
This action is authorized by Secs. 679.50 and 679.25 and is exempt
from review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 7, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 99-26811 Filed 10-8-99; 4:56 pm]
BILLING CODE 3510-22-F
