94-10195. Groundfish of the Gulf of Alaska; Groundfish Fishery of the Bering Sea and Aleutian Islands Area  

  • [Federal Register Volume 59, Number 82 (Friday, April 29, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-10195]
    
    
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    [Federal Register: April 29, 1994]
    
    
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    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration
    
    50 CFR Parts 672 and 675
    
    [Docket No. 930954-4110; I.D. 092193A]
    RIN 0648-AF54
    
     
    
    Groundfish of the Gulf of Alaska; Groundfish Fishery of the 
    Bering Sea and Aleutian Islands Area
    
    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
    Atmospheric Administration (NOAA), Commerce.
    
    ACTION: Final rule.
    
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    SUMMARY: NMFS issues final regulations to change requirements for 
    observer coverage of the groundfish fisheries in the Gulf of Alaska 
    (GOA) and the Bering Sea and Aleutian Islands management area (BSAI). 
    This action is necessary to improve management of the groundfish 
    fisheries off Alaska. The intended effect of this action is to increase 
    observer coverage of the groundfish harvests and to promote the fishery 
    management objectives of the Fishery Management Plan (FMP) for 
    Groundfish of the GOA and the FMP for the Groundfish Fishery of the 
    BSAI.
    
    EFFECTIVE DATE: Effective July 1, 1994, except for 
    Sec. 672.27(c)(1)(iii)(F), which will become effective May 31, 1994.
    
    ADDRESSES: Copies of the environmental assessment/regulatory impact 
    review/final regulatory flexibility analysis (EA/RIR/FRFA) and the 
    Observer Plan may be obtained from the Fisheries Management Division, 
    Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802 (Attn: Lori 
    Gravel).
    
    FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, Fisheries 
    Management Division, Alaska Region, NMFS at 907-586-7228.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Fishing for groundfish by vessels in the exclusive economic zone 
    (EEZ) of the GOA and the BSAI is managed by the Secretary of Commerce 
    (Secretary) according to the FMP for Groundfish of the GOA and the FMP 
    for the Groundfish Fishery of the BSAI. The FMPs were prepared by the 
    North Pacific Fishery Management Council (Council) under the Magnuson 
    Fishery Conservation and Management Act (Magnuson Act) and are 
    implemented by regulations governing the U.S. groundfish fisheries at 
    50 CFR parts 620, 672, and 675.
        Amendments 13 and 18 to the groundfish FMPs for the BSAI and GOA, 
    respectively, authorize a comprehensive domestic fishery observer 
    program. An Observer Plan to implement the program was prepared by the 
    Secretary in consultation with the Council and issued by NMFS, 
    effective February 7, 1990 (55 FR 4839, February 12, 1990). At its 
    December 1992 meeting, the Council reviewed draft changes to the 
    Observer Plan that were developed by NMFS and a Council-Appointed 
    Industry Oversight Committee. The Council recommended that NMFS make 
    the draft changes and initiate a rulemaking to implement them.
        A proposed rule to implement the Council's recommendation was 
    published in the Federal Register October 28, 1993 (58 FR 57979). 
    Comments on the proposed rule were invited through November 29, 1993. 
    Two letters of comments were received and are summarized in the 
    ``Response to Comments'' section of this preamble.
        After reviewing the reasons for the draft changes to the Observer 
    Plan and the comments on the proposed rule to implement them, NMFS has 
    determined that this action is necessary for fishery conservation and 
    management and implements the following changes to the Observer Plan 
    and its implementing regulations at Secs. 672.27 and 675.25.
    
        (1) Change the definition of a ``fishing trip'' and base 
    observer coverage requirements on a new definition of ``fishing 
    days'' instead of ``fishing trip days''. ``Fishing day'' is defined 
    as a 24-hour period from 0001 Alaska local time (A.l.t.) through 
    2400 A.l.t. during which fishing gear is retrieved and groundfish, 
    as defined at 50 CFR 672.2 and 675.2, are retained for further 
    processing.
        (2) Increase observer coverage on vessels equal to or greater 
    than 60 feet (ft)(18.3 m) in length overall (LOA) but less than 125 
    ft (38.1 m) LOA during each calendar quarter, so that vessels in 
    this size category are required to carry an observer 30 percent of 
    the fishing days in each calendar quarter in which the vessels 
    participate for more than 3 fishing days in a directed fishery for 
    groundfish. Each vessel required to carry an observer during a 
    calendar quarter must carry an observer during at least one fishing 
    trip for each of the following fisheries in which the vessel 
    participates: Pollock, Pacific cod, sablefish, rockfish, flatfish, 
    and other species of groundfish.
        (3) Increase observer coverage of vessels using hook-and-line 
    gear in the Eastern Regulatory Area of the GOA by requiring 
    operators of catcher/processor and catcher vessels using hook-and-
    line gear that participate in a directed fishery for groundfish to 
    carry a NMFS-certified observer during at least one fishing trip in 
    the Eastern Regulatory Area during each calendar quarter that they 
    participate in a directed fishery for groundfish in this area;
        (4) Revise observer coverage requirements for vessels using pot 
    gear to participate in a directed fishery for groundfish, so that 
    each vessel using pot gear that is equal to or greater than 60 ft 
    (18.3 m) LOA is required to carry an observer during at least 30 
    percent of its fishing days during each calendar quarter in which it 
    participates for more than 3 days in a directed groundfish pot gear 
    fishery; and
        (5) Revise the conflict of interest standards for NMFS-certified 
    observers and observer contractors. Revisions include: (1) Placing 
    restrictions on observers who were employed in the observed fishery 
    within the preceding 12 months; and (2) prohibiting observer 
    contractors from assigning observers in response to requests for or 
    against a specific individual or a specific gender, race, creed, or 
    age of individual.
    
        The intent of these measures is to increase observer coverage of 
    the groundfish harvests and to promote the fishery management 
    objectives of the FMPs. Further descriptions of, and reasons for, these 
    measures are contained in the preamble to the proposed rule (58 FR 
    57979, October 28, 1993).
        With the exception of Sec. 672.27(c)(1)(iii)(F), the effective date 
    of the final rule is July 1, 1994. This date coincides with the 
    beginning of the third calendar quarter and will facilitate the 
    implementation of new quarterly observer coverage requirements by 
    reducing confusion that would result from a mid-quarter effective date. 
    Section 672.27(c)(1)(iii)(F) reduces observer coverage requirements for 
    vessels 125 ft LOA or longer fishing for groundfish with pot gear, and 
    thus, provides relief to vessel operators in this category. Therefore, 
    NMFS has determined that the effective date for this section should not 
    be delayed until July 1, 1994. The effective date for 
    Sec. 672.27(c)(1)(iii)(F) is May 31, 1994.
    
    Changes in the Final Rule From the Proposed Rule
    
        This final rule includes three changes from the proposed rule. 
    These changes are described as follows:
        First, technical changes are made to Secs. 672.27 and 675.25 to 
    include minor editorial revisions and metric equivalents for specified 
    lengths of vessels that require different levels of observer coverage.
        Second, Sec. 672.27(c)(1)(v)(C) is amended to clarify that a 
    catcher vessel delivering groundfish to a shoreside processor or to a 
    mothership in Alaska State waters during a weekly reporting period will 
    be assigned to a fishery category based on the retained catch 
    composition of all groundfish delivered to processors during that 
    weekly reporting period and reported on Alaska Department of Fish and 
    Game fish tickets.
        Finally, the Observer Plan is corrected by removing from Attachment 
    3 (Standards of Observer Conduct) an inappropriate reference to title 
    15 CFR subtitle A, part O, of the U.S. Department of Commerce 
    Regulations. These regulations pertained to standards of conduct for 
    employees of the U.S. Department of Commerce. Certified observers are 
    not NMFS employees and therefore cannot be held to these standards. The 
    Observer Plan continues to require certified observers to comply with 
    the conflict of interest standards and general standards of behavior 
    set out in Attachments 3 and 4 of the amended Plan.
    
    Response to Comments
    
        Two letters were received within the comment period that ended 
    November 29, 1993. A summary of comments and NMFS's responses follow.
        Comment 1. The proposed action bases observer coverage on fishing 
    days instead of fishing trip days and increases observer coverage on 
    vessels equal to or greater than 60 ft (18.3 m) LOA but less than 125 
    ft (38.1 m) LOA. This action would increase the financial burden on the 
    catcher boat fleet, particularly on those vessels delivering to 
    shoreside facilities that are required to have observer coverage. This 
    results in an inequitable impact on the catcher boat fleet and further 
    aggravates the disproportionate effect of the Observer Program on 
    catcher vessels. Given these effects, implementation of measures to 
    increase observer coverage should be delayed until after the North 
    Pacific Fisheries Research Plan is effective.
        Response. NMFS acknowledges that the proposed rule would increase 
    observer costs for vessels equal to or greater than 60 ft (18.3 m) LOA 
    but less than 125 ft (38.1 m) LOA that use trawl or hook-and-line gear 
    to participate in a directed fishery for Alaska groundfish. Larger 
    vessels currently are required to have an observer on board at all 
    times and are not affected by the proposed change in coverage 
    requirements. The increased observer coverage for vessels equal to or 
    greater than 60 ft (18.3 m) LOA but less than 125 ft (38.1 m) LOA is 
    necessary to obtain more adequate information on which the groundfish 
    fisheries are managed, including better estimates of groundfish catch, 
    discard amounts, and prohibited species bycatch rates. Delay of 
    regulatory action to increase observer coverage until the North Pacific 
    Fisheries Research Plan is effective would neglect identified data 
    requirements necessary for effective management of the Alaska 
    groundfish fisheries.
        Comment 2. The increased financial burden to the small boat fleet 
    that will ensue from increased observer coverage is out of proportion 
    to the benefits that might result, particularly if NMFS continues to 
    use observer data primarily as a basis for fishery closures or 
    enforcement, rather than for more effective fishery management.
        Response. NMFS's primary responsibility for inseason management of 
    the groundfish resource is to monitor groundfish harvests and 
    prohibited species bycatch rates, so that when a groundfish total 
    allowable catch (TAC) or a prohibited species bycatch allowance is 
    reached, fishery closures can be implemented to prevent specified TACs 
    or bycatch allowances from being exceeded.
        Existing observer coverage requirements established for vessels 
    equal to or greater than 60 ft (18.3 m) LOA but less than 125 ft (38.1 
    m) LOA were determined by the Council and its ad hoc Observer Committee 
    to be inadequate to meet data needs for effective monitoring of 
    groundfish and prohibited species catch amounts by this segment of the 
    groundfish fleet. NMFS concurs in this determination and has approved 
    the Council's recommended increase in observer coverage for vessels 
    equal to or greater than 60 ft (18.3 m) LOA but less than 125 ft (38.1 
    m) LOA. The increase is intended to improve the level of observer 
    coverage from this size class of vessel without imposing costs that are 
    disproportionate to the benefits that are anticipated to result from 
    better inseason management of the groundfish fisheries.
        Use of observer data is not limited to inseason management of the 
    fisheries and compliance monitoring of regulatory programs. Observer 
    data also are used to assess the status of fishery resources and as a 
    basis for assessment and development of management measures. NMFS has 
    released certain observer data to the public under the Freedom of 
    Information Act for purposes of independent industry analyses of 
    prohibited species bycatch rates and operational factors that may 
    reduce bycatch rates of these species. Additional observer data may be 
    disclosed to support industry initiatives to reduce prohibited species 
    bycatch rates under a proposed rule published in the Federal Register 
    January 19, 1994 (59 FR 2817). These Federal and private initiatives to 
    use observer data for more effective fishery management will be 
    enhanced to the extent that more observer data are collected from 
    vessels under 125 ft (38.1 m) LOA as set out in this final rule.
        Comment 3. The purpose and intent of the proposed rule to correct 
    problems encountered by NMFS in administering observer coverage on 
    vessels equal to or greater than 60 ft (18.3 m) LOA but less than 125 
    ft (38.1 m) LOA are supported. However, given the direction in which 
    the fishery management process is progressing, 30 percent coverage for 
    these vessels likely is inadequate; 100 percent observer coverage on 
    all vessels capable of carrying an observer should be considered.
        Response. One hundred percent observer coverage on vessels equal to 
    or greater than 60 ft LOA but less than 125 ft LOA has been required 
    for particular fisheries for specified areas and limited time periods 
    to meet special management needs (59 FR 3000, January 20, 1994, as 
    modified at 59 FR 4009, January 28, 1994, and 59 FR 15346, April l, 
    1994). However, the additional costs associated with 100 percent 
    observer coverage on all vessels in the groundfish fishery under 125 ft 
    LOA in all areas at all times would impose disproportionate costs on 
    this sector of the groundfish fleet and, therefore, are not now 
    justified under the current open access groundfish management program. 
    NMFS will continue to assess the need for increased observer coverage 
    to meet special resource or fishery management needs.
        Comment 4. Despite support for the proposed action, concerns remain 
    about the ability of vessels to manipulate observer coverage in certain 
    fisheries and/or in certain areas where prohibited species bycatch 
    rates may be higher. To address these concerns, the final rule should 
    be amended to require a vessel equal to or greater than 60 ft (18.3 m) 
    LOA but less than 125 ft (38.1 m) LOA to carry an observer for 30 
    percent of the days it engages in any particular fishery during any 
    calendar quarter in which it meets the threshold (3-day) minimum 
    requirement on a fishery-by-fishery basis.
        Response. The final rule limits the manipulation of observer 
    coverage by decreasing the number of fishing days in a quarter that 
    trigger observer coverage requirements, basing coverage requirements on 
    fishing days rather than fishing trip days, and requiring observation 
    of at least one trip for each fishery that a vessel participates in 
    during a quarter. These measures should reduce the potential for 
    manipulation of observer coverage and increase the amount of observer 
    data available for the management of specific fisheries. Nonetheless, 
    an opportunity still exists for a vessel operator to manipulate 
    observer coverage to reduce or increase coverage in different 
    fisheries.
        The EA/RIR/FRFA prepared for this action considered an alternative 
    for increased observer coverage similar to the one presented in Comment 
    4. The alternative was more stringent and could provide more observer 
    data of certain fisheries relative to the preferred alternative 
    implemented under this final rule. However, this alternative was not 
    adopted by the Council for several reasons. First, concerns were 
    expressed that some fishermen would have difficulties complying with 30 
    percent observer coverage in each fishery because fishermen would need 
    to be aware of and plan for the target fishery each trip and keep track 
    of the exact number of fishing days by fishery. Second, 30 percent 
    coverage by fishery would be relatively more expensive for a vessel in 
    the 60-125 ft (18.3 m-38.1 m) LOA category to comply with relative to 
    the preferred alternative. Last, compliance monitoring would be more 
    difficult and associated enforcement costs would be increased relative 
    to the preferred alternative under the final rule due to calculations 
    to check 30 percent observer coverage by fishery.
        Comment 5. The proposed action to increase coverage of the longline 
    fisheries in the eastern GOA is inadequate for two reasons. First, the 
    proposed action is subject to manipulation. Second, the overall level 
    of reliable observer-generated data from the hook-and-line gear fleet 
    in the eastern GOA is deplorable. To respond to these inadequacies, the 
    final rule should require all vessels in the 60-125 ft (18.3-38.1 m) 
    LOA category that use hook-and-line gear to carry observers a minimum 
    of 30 percent of the fishing days they operate in the eastern GOA 
    during any particular calendar quarter on a fishery-by-fishery basis. 
    Furthermore, NMFS should make a concerted effort to place observers on 
    vessels under 60 ft (18.3 m) LOA so that data can be gathered about the 
    operating characteristics of the small boat fleet that accounts for 
    most of the hook-and-line harvest in the eastern GOA.
        Response. The alternative coverage requirements suggested in 
    Comment 5 for longline vessels in the eastern GOA was considered by the 
    Council, but not adopted for reasons similar to those presented in the 
    response to Comment 4.
        The Council considered lowering the size limit for vessels required 
    to carry observers to vessels less than 60 ft (18.3 m) LOA. The Council 
    did not adopt this alternative because of increased costs to industry 
    and increased chance of injury to an observer or crew on small vessels 
    because of limited working space and accommodations. Under the current 
    Observer Plan, NMFS has determined that implementation of changes to 
    the observer coverage requirements for vessels under 60 ft (18.3 m) LOA 
    would require separate regulatory action. Furthermore, staffing and 
    budget constraints prevent NMFS from placing employees onboard small 
    vessels to serve as observers. Given these regulatory and practical 
    constraints, observer coverage requirements for the small boat fleet 
    would best be pursued under the North Pacific Fisheries Research Plan, 
    which is pending approval and implementation by the Secretary.
        Comment 6. The proposed action to lower observer coverage on 
    vessels using pot gear is premature and not supported as long as 
    observer data generated from the pot gear fisheries are used for 
    allocative purposes. Data used to support allocative measures should be 
    based on comparable levels of observer coverage. Therefore, observer 
    coverage on vessels using pot gear should remain unchanged until an 
    individual vessel quota system is implemented that will effectively 
    address resource allocation issues.
        Response. Since the implementation of the domestic observer program 
    in 1990, observer data collected onboard pot gear vessels participating 
    in a directed fishery for groundfish consistently indicate that 
    relatively low levels of prohibited species bycatch mortality are 
    associated with these operations. The Council recommended that NMFS 
    reduce the observer coverage requirements for pot vessels equal to or 
    greater than 125 ft (38.1 m) LOA from 100 percent to 30 percent because 
    of the very low bycatch mortality associated with these operations and 
    the Council's expressed policy to encourage selective fishing practices 
    that typically experience low prohibited species bycatch mortality 
    rates. Under the final rule, the resulting levels of observer coverage 
    of vessels using pot gear will assure the collection of sufficient 
    observer data to identify any changes in assumed bycatch mortality 
    rates and other factors that may affect future resource allocation 
    issues.
    
    Classification
    
        The FRFA prepared for this rule concluded that it could have 
    significant effects on a substantial number of small entities (i.e., 
    small businesses, small organizations, and small governmental 
    jurisdictions with limited resources). A copy of the EA/RIR/FRFA 
    prepared for this action is available (see ADDRESSES).
        This final rule has been determined to be not significant for 
    purposes of E.O. 12866.
    
    List of Subjects in 50 CFR Parts 672 and 675
    
        Fisheries, Reporting and recordkeeping requirements.
    
        Dated: April 22, 1994.
    Rolland A. Schmitten,
    Assistant Administrator for Fisheries, National Marine Fisheries 
    Service.
    
        For the reasons set out in the preamble, 50 CFR parts 672 and 
    675 are amended as follows:
    
    PART 672--GROUNDFISH OF THE GULF OF ALASKA
    
        1. The authority citation for part 672 continues to read as 
    follows:
    
        Authority: 16 U.S.C. 1801 et seq.
        2. In Sec. 672.27, the first sentence of paragraph (a) and 
    paragraphs (b), (c)(1)(ii)(D) and (c)(1)(iii)(C) and (D) are revised 
    and paragraphs (c)(1)(ii)(E), (c)(1)(iii)(E), (c)(1)(iii)(F), 
    (c)(1)(iv) and (c)(1)(v) are added to read as follows:
    
    
    Sec. 672.27  Observers.
    
        (a) Observer Plan. The operator of a fishing vessel subject to 50 
    CFR parts 672 and 675, and the manager of a shoreside processing 
    facility that receives groundfish from a vessel subject to 50 CFR parts 
    672 and 675, must comply with the Observer Plan. * * *
        (b) Purpose. The purpose of this section is to allow observers to 
    collect Alaska fisheries data deemed by the Regional Director to be 
    necessary and appropriate for research, management, and compliance 
    monitoring of fisheries for groundfish, as defined at Sec. 672.2 and 
    Sec. 675.2 of this chapter, or for other purposes consistent with the 
    Marine Mammal Protection Act.
        (c) * * *
        (1) * * *
        (ii) * * *
        (D) Fishing trip means the time period that starts on the day when 
    fishing gear is first deployed and ends on the day the vessel offloads 
    groundfish, returns to an Alaskan port, or leaves the EEZ off Alaska 
    and adjacent waters of the State of Alaska, and during which one or 
    more fishing days, as defined in this section, occur.
        (E) Fishing day means a 24-hour period, from 0001 A.l.t. through 
    2400 A.l.t., in which fishing gear is retrieved and groundfish, defined 
    at Sec. 672.2 or Sec. 675.2 of this chapter, are retained. Days during 
    which a vessel only delivers unsorted codends to a processor are not 
    fishing days.
        (iii) * * *
        (C) A catcher/processor or catcher vessel 125 feet (38.1 meters) in 
    length overall or longer must carry a NMFS-certified observer at all 
    times while fishing for groundfish, except for a vessel fishing for 
    groundfish with pot gear as provided for in paragraph (c)(1)(iii)(F) of 
    this section.
        (D) A catcher/processor or catcher vessel equal to or greater than 
    60 feet (18.3 meters) length overall but less than 125 feet (38.1 
    meters) length overall must carry a NMFS-certified observer during at 
    least 30 percent of its fishing days in each calendar quarter in which 
    the vessel participates for more than 3 fishing days in a directed 
    fishery for groundfish. Each vessel that participates for more than 3 
    fishing days in a directed fishery for groundfish in a calendar quarter 
    must carry a NMFS-certified observer during at least one fishing trip 
    during that calendar quarter for each of the groundfish fishery 
    categories defined under paragraph (c)(1)(iv)(A) through (F) of this 
    section in which the vessel participates.
        (E) A catcher/processor or catcher vessel fishing with hook-and-
    line gear that is required to carry an observer under paragraph 
    (c)(1)(iii)(D) of this section must carry a NMFS-certified observer 
    during at least one fishing trip in the Eastern Regulatory Area of the 
    Gulf of Alaska during each calendar quarter in which the vessel 
    participates in a directed fishery for groundfish in the Eastern 
    Regulatory Area.
        (F) A catcher/processor or catcher vessel equal to or greater than 
    60 feet (18.3 meters) length overall fishing with pot gear must carry a 
    NMFS-certified observer during at least 30 percent of its fishing days 
    in each calendar quarter in which the vessel participates for more than 
    3 fishing days in a directed fishery for groundfish. Each vessel that 
    participates for more than 3 fishing days in a directed fishery for 
    groundfish using pot gear must carry a NMFS-certified observer during 
    at least one fishing trip during a calendar quarter for each of the 
    groundfish fishery categories defined under paragraph (c)(1)(iv)(A) 
    through (F) of this section in which it participates.
        (iv) Groundfish fishery categories requiring separate coverage--(A) 
    Pollock fishery. Fishing that results in a retained amount of pollock, 
    during any weekly reporting period, that is greater than the retained 
    amount of any other groundfish species or species group that is 
    specified as a separate groundfish fishery under this paragraph 
    (c)(1)(iv) (A) through (F).
        (B) Pacific cod fishery. Fishing that results in a retained amount 
    of Pacific cod, during any weekly reporting period, that is greater 
    than the retained amount of any other groundfish species or species 
    group that is specified as a separate groundfish fishery under this 
    paragraph (c)(1)(iv) (A) through (F).
        (C) Sablefish fishery. Fishing that results in a retained amount of 
    sablefish, during any weekly reporting period, that is greater than the 
    retained amount of any other groundfish species or species group that 
    is specified as a separate groundfish fishery under this paragraph 
    (c)(1)(iv) (A) through (F).
        (D) Rockfish fishery. Fishing that results in a retained aggregate 
    amount of rockfish of the genera Sebastes and Sebastolobus, during any 
    weekly reporting period, that is greater than the retained amount of 
    any other groundfish species or species group that is specified as a 
    separate groundfish fishery under this paragraph (c)(1)(iv) (A) through 
    (F).
        (E) Flatfish fishery. Fishing that results in a retained aggregate 
    amount of all flatfish species, except Pacific halibut, during any 
    weekly reporting period, that is greater than the retained amount of 
    any other groundfish species or species group that is specified as a 
    separate groundfish fishery under this paragraph (c)(1)(iv) (A) through 
    (F).
        (F) Other species fishery. Fishing that results in a retained 
    amount of groundfish, during any weekly reporting period, that does not 
    qualify as a pollock, Pacific cod, sablefish, rockfish, or flatfish 
    fishery as defined under paragraphs (c)(1)(iv) (A) through 
    (c)(1)(iv)(E) of this section.
        (v) Assignment of vessels to fisheries. During any weekly reporting 
    period, the retained catch composition of groundfish species or species 
    groups of a vessel for which a TAC has been specified under Sec. 672.20 
    or Sec. 675.20 of this chapter, in round-weight equivalents, will 
    determine to which of the fishery categories listed under paragraph 
    (c)(1)(iv) (A) through (F) of this section the vessel is assigned.
        (A) A catcher/processor vessel will be assigned to fishery 
    categories at the end of each weekly reporting period based on the 
    round-weight equivalent of the retained groundfish catch composition 
    included in the weekly production report for the vessel submitted to 
    the Regional Director under Sec. 672.5(c)(2) or Sec. 675.5(c)(2) of 
    this chapter.
        (B) A catcher vessel that delivers to mothership processors in 
    Federal waters during a weekly reporting period will be assigned to 
    fishery categories based on the round-weight equivalent of the retained 
    groundfish catch composition included in the weekly production report 
    for the mothership submitted to the Regional Director for that week 
    under Sec. 672.5(c)(2) or Sec. 675.5(c)(2) of this chapter.
        (C) A catcher vessel that delivers groundfish to shoreside 
    processors or to mothership processors in Alaska State waters during a 
    weekly reporting period will be assigned to a fishery category based on 
    the round-weight equivalent of the groundfish delivered to processors 
    during that weekly reporting period and reported on one or more Alaska 
    Department of Fish and Game fish ticket or tickets as required under 
    Alaska State regulations at A.S. 16.05.690.
     * * * * *
    
    PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA
    
        3. The authority citation for 50 CFR part 675 continues to read as 
    follows:
    
        Authority: 16 U.S.C. 1801 et seq.
    
        4. Section 675.25 is revised to read as follows:
    
    
    Sec. 675.25  Observers.
    
        Observer requirements authorized under the Observer Plan are set 
    out at Sec. 672.27 of this chapter.
    
    [FR Doc. 94-10195 Filed 4-28-94; 8:45 am]
    BILLING CODE 3510-22-P
    
    
    

Document Information

Effective Date:
7/1/1994
Published:
04/29/1994
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-10195
Dates:
Effective July 1, 1994, except for Sec. 672.27(c)(1)(iii)(F), which will become effective May 31, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: April 29, 1994, Docket No. 930954-4110, I.D. 092193A
RINs:
0648-AF54
CFR: (3)
50 CFR 672.27
50 CFR 675.2
50 CFR 675.25