[Federal Register Volume 59, Number 87 (Friday, May 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10765]
[[Page Unknown]]
[Federal Register: May 6, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 301, 671, 672, 675, 676, and 677
[Docket No. 940412-4112; I.D. 033194E]
RIN 0648-AD80
North Pacific Fisheries Research Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule and notice of hearings.
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SUMMARY: NMFS issues a proposed rule to implement the North Pacific
Fisheries Research Plan (Research Plan) for the Gulf of Alaska (GOA)
groundfish fishery, Bering Sea and Aleutian Islands management area
(BSAI) groundfish fishery, Bering Sea and Aleutian Islands area king
and Tanner crab fisheries, and Pacific halibut fishery in convention
waters off Alaska. The Research Plan would provide an industry-funded
observer program and promote management, conservation, and scientific
understanding of groundfish, halibut, and crab resources off Alaska.
DATES: Comments on this proposed rule must be received by July 5, 1994.
Public hearings on the proposed Research Plan will be held as
follows:
1. June 7, 1994, 7:00 p.m., Anchorage, Alaska.
2. June 15, 1994, 10:30 a.m., Seattle, Washington.
3. June 16, 1994, 10:00 a.m., Portland, Oregon.
ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, National Marine Fisheries Service,
P.O. Box 21668, Juneau, AK 99802 (Attn: Lori Gravel). Individual copies
of the proposed Research Plan and the environmental assessment/
regulatory impact review (EA/RIR) may be obtained from the North
Pacific Fishery Management Council, P.O. Box 103136, Anchorage, AK
99510.
Public hearings will be held at the following locations:
1. Anchorage--Anchorage Hilton Hotel, 500 W. 3rd Avenue, Anchorage,
Alaska (907-272-7411)
2. Seattle--Alaska Fisheries Science Center Auditorium, 7600 Sand Point
Way Northeast, Building 9, Seattle, Washington (206-526-4197)
3. Portland--Red Lion Inn, 909 North Hayden Island Dr., Jantzen Beach,
Portland, Oregon (503-283-4466).
FOR FURTHER INFORMATION CONTACT: Ronald J. Berg, Chief, Fisheries
Management Division, Alaska Region, NMFS, at 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
The domestic groundfish fisheries of the BSAI and GOA in the
exclusive economic zone (EEZ) are managed under the Fishery Management
Plan (FMP) for the Groundfish Fishery of the Bering Sea and Aleutian
Islands Area and the FMP for Groundfish of the GOA. The FMPs were
prepared by the North Pacific Fishery Management Council (Council)
under the Magnuson Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.) (Magnuson Act) and are implemented for the U.S. fishery
by regulations at 50 CFR parts 620, 672, and 675. The domestic fishery
for Pacific halibut off Alaska is managed by the International Pacific
Halibut Commission (IPHC), as provided by the Northern Pacific Halibut
Act of 1982 (16 U.S.C. 773-773k), with implementing regulations at 50
CFR part 301. Regulations implementing individual fishing quotas (IFQs)
for the domestic groundfish and halibut fisheries off Alaska are at 50
CFR part 676. The king and Tanner crab fisheries of the Bering Sea and
Aleutian Islands area are managed under the FMP for the Commercial King
and Tanner Crab Fisheries in the Bering Sea and Aleutian Islands. This
FMP delegates management of the crab resources in the Bering Sea and
Aleutian Islands area to the State of Alaska (State) with Federal
oversight. Regulations necessary to carry out the crab FMP appear at 50
CFR part 671.
Section 313 of the Magnuson Act, as amended by section 404 of the
High Seas Driftnet Fisheries Enforcement Act, Pub. L. 102-582,
authorizes the Council to prepare, in consultation with the Secretary
of Commerce (Secretary), a Research Plan for all fisheries under the
Council's jurisdiction except salmon fisheries. The proposed Research
Plan would require that observers be stationed on certain fishing
vessels and U.S. fish processors participating in the BSAI groundfish,
GOA groundfish, and Bering Sea and Aleutian Islands area king and
Tanner crab fisheries, and it would allow these requirements to be
extended to the halibut fishery off Alaska. Observers would be deployed
for the purpose of collecting data necessary for the conservation,
management, and scientific understanding of fisheries under the
Council's authority. The Research Plan also would establish a system of
fees to pay for the costs of implementing the Research Plan. The fees
would be based on the exvessel value of retained catch in the BSAI and
GOA groundfish fisheries, the Bering Sea and Aleutian Islands area king
and Tanner crab fisheries, and the Pacific halibut fishery off Alaska
(Research Plan fisheries). Future recommendations by the Council to
include other fisheries under the Research Plan would require an
amendment or amendments to the Research Plan and to the regulations
implementing it.
Regulations implementing Amendments 18 and 13 to the FMPs for
Groundfish of the GOA and the Groundfish Fishery of the Bering Sea and
Aleutian Islands Area, respectively (54 FR 50386, December 6, 1989),
authorized a data collection program to obtain information necessary
for conservation and management of the groundfish fisheries. One of the
measures in Amendments 18 and 13 authorized a comprehensive domestic
fishery observer program. The Secretary, in consultation with the
Council, prepared and implemented an Observer Plan to implement
provisions of that program (55 FR 4839, February 12, 1990). The Alaska
Board of Fisheries (Board) implemented a Shellfish Onboard Observer
Program for the king and Tanner crab fisheries off Alaska in April 1988
(5 AAC 39.645). Currently, no observer program is established for the
Pacific halibut fishery in convention waters off Alaska.
Two problems with the current Federal and State observer programs
have been identified. First, the costs of observer coverage are not
borne by all fishery participants. Under the current Federal observer
program, some groundfish operations are required to pay for 100 percent
observer coverage, others are required to pay for 30 percent coverage,
and still other operations that benefit from the observer program pay
none of the cost. The last group includes some groundfish and all
halibut operations, because they have no observer coverage
requirements. State king and Tanner crab regulations require observer
coverage for all vessels that process king or Tanner crab in waters off
Alaska, but mandate no observer coverage for crab catcher vessels or
shoreside processors.
Second, the current method of paying for observers under the
Federal and State observer programs limits NMFS and State control over
the observer programs and impedes the agencies' ability to manage the
programs effectively. Observer contractors are not solely responsible
to NMFS or to the State for the quality of their work performance;
sometimes they have conflicting responsibilities to their clients, to
whom they are providing observers, and to NMFS or to the State. The
owners and operators of vessels and processing facilities now are
responsible for making arrangements with an observer contractor of
their choice to meet observer requirements and for paying the costs of
observers directly to that contractor. This direct business
relationship, and the ability of an owner or operator to select among
the group of contractors, mean that the contractors and, indirectly,
the observers, work for the operations they are observing. This
relationship could provide a means for an operation to reward or
penalize contractors and their observers and thus negatively influence
the work performance of the observers and quality of the data
collected. This appearance of a conflict of interest could reduce the
credibility of observer data.
To resolve these problems, the Council initiated development of the
Research Plan. A draft EA/RIR for the Research Plan was initially
reviewed and approved for public distribution and comment by the
Council and its advisory bodies at their January 15-17, 1991, meetings.
After reviewing written comments and advice from its advisory bodies,
and hearing public testimony at its meetings of April 23-26, 1991, the
Council further refined the Research Plan. A revised EA/RIR was
reviewed and approved for public distribution and comment by the
Council and its advisory bodies at their April 20-26, 1992, meetings.
After reviewing written comments, obtaining further advice from its
advisory bodies, and hearing public testimony at its June 23-28, 1992,
meeting, the Council adopted the Research Plan and recommended that it
be submitted to the Secretary for review. The EA/RIR was updated in
December 1993 to reflect newly available information. The Council
approved the Research Plan as described in this proposed rule at its
December 1993 meeting.
Description of the Proposed Research Plan
Objectives
1. Provide a framework for an observer program for the Alaska
groundfish fisheries and the Pacific halibut fishery to accommodate
inseason management and stock assessment needs, and to provide
accurate, real-time data of sufficient quality to implement an
individual vessel incentive program developed to meet specified
management objectives of the Council;
2. Provide a framework for an observer program for Bering Sea and
Aleutian Islands area king and Tanner crab fisheries to accommodate
inseason management needs, monitor industry compliance with Federal and
State regulations, and collect biological and management data necessary
to achieve the sustained yield of the crab resource without
overfishing;
3. Ensure that the groundfish and crab observer programs are
efficient and cost effective, that any increased costs are commensurate
with the quality and usefulness of the data to be derived from any
revisions to the programs, and that such changes are necessary to meet
fishery management needs; and
4. Provide for cooperation and coordination between the groundfish
observer program administered by NMFS and the crab observer program
administered by the Alaska Department of Fish and Game (ADF&G).
Determination of Research Plan Fees
NMFS would annually establish a Research Plan fee percentage for
the upcoming calendar year. As described in this preamble, the fee
percentage would be based on standard exvessel prices by species and
projections of the following: (1) Retained catches by species (i.e.,
catch retained by either at-sea or shoreside processors) in all
Research Plan fisheries; (2) observer program costs; and (3) the
surplus in the North Pacific Fishery Observer Fund (Fund), other
sources of funding for the Research Plan, and nonpayments. After
consulting with the Council and State, NMFS would publish the fee
percentage and the values of the variables on which it is based in the
Federal Register and invite comments. After considering comments
received and again consulting with the Council and the State, NMFS
would publish final values in the Federal Register.
Standard Exvessel Prices. NMFS would annually establish standard
exvessel prices for species harvested in Research Plan fisheries. These
prices would be used in estimating the total exvessel value of the
Research Plan fisheries for the coming year and in assessing fees. The
standard exvessel prices would be based on: (1) Exvessel price
information for the most recent 12-month period for which data are
available, (2) factors that are expected to change exvessel prices in
the upcoming calendar year, and (3) any other relevant information that
may affect expected exvessel prices during the upcoming calendar year.
Retained Catch. NMFS would project retained catch, by species, for
the Research Plan fisheries annually, using the best available
information concerning expected catches and discards.
Total Exvessel Value. NMFS would annually calculate the total
exvessel value of retained catches for Research Plan fisheries as the
sum of the products of the standard exvessel prices and projected
retained catches, for all Research Plan species.
Observer Program Costs. NMFS and ADF&G would each prepare an annual
budget that identifies expected recoverable Research Plan costs for the
upcoming calendar year. Recoverable costs identified in each budget
would include: (1) Costs for observer training, certification,
briefing, and debriefing; (2) costs for stationing observers, including
travel, salaries, benefits, and insurance; (3) costs for data
collection, transmission, input, processing, and management; and (4)
contract services and general program operational costs, excluding
overhead. The estimated budget would be based on anticipated observer
coverage and the anticipated costs directly incurred in carrying out
the Research Plan. The observer program costs also would include the
costs associated with a risk-sharing pool to provide comprehensive
insurance coverage for vessels and owners if such an insurance program
is established under section 313 of the Magnuson Act (see Risk-sharing
Pool, in this preamble.)
Surplus Funds, Other Sources of Funding, and Fee Nonpayment.
Annually, NMFS would project each of the following: (1) The surplus
that would be in the Fund at the end of the current calendar year, (2)
the funds that would be available from other sources for use in funding
the Research Plan during the upcoming calendar year, and (3) the
nonpayment rate on fees assessed under the Research Plan during the
upcoming calendar year.
Calculation of the Fee Percentage. Under the Magnuson Act, the fee
percentage established to pay for the costs of implementing the
Research Plan may not exceed 2 percent of the exvessel value of fish
harvested under the authority of the Council (except salmon), including
shellfish and the Northern Pacific halibut fishery. Annually, the fee
percentage for the upcoming calendar year will be set equal to the
lesser of 2 percent of the exvessel value of retained catch in the
Research Plan fisheries or the fee percentage calculated using the
equation described above and set out at Sec. 677.11(a)(3).
If the fee percentage calculated using this formula is greater than
2 percent, there would be a funding shortfall due to the 2 percent
limit in the Magnuson Act. This would require a reevaluation of the
levels of coverage that would be required and funded. Available funds
would be utilized to address the Research Plan objectives in the
following priority: (1) Status of stock assessments (i.e., collection
of data on total catch, species composition, size, sex, and age); (2)
inseason management; (3) bycatch monitoring; and (4) vessel incentive
programs and regulatory compliance.
Fee Assessments
Processors would be responsible for collecting all fee assessments
and for paying them bimonthly (i.e., every 2 months). Section 313 of
the Magnuson Act stipulates that fees shall be assessed against all
fishing vessels and U.S. fish processors participating in Research Plan
fisheries under the jurisdiction of the Council, including those not
required to have observers. Fee assessments would not apply to fish,
except halibut, caught in the territorial sea (0-3 miles), or to any
fish caught in internal waters of the State. Recordkeeping and
reporting requirement changes that would require processors to indicate
if fish are caught in Federal or State waters will be developed prior
to implementation of the fee collection system.
Catcher vessels would be expected to pay half of the fee
liabilities on their retained catches to the processor(s) responsible
for making the bimonthly fee assessment payments to NMFS. NMFS would
calculate bimonthly fee assessments by multiplying the fee percentage
times the standard exvessel price times the round weight or round-
weight equivalent of all retained catches, by species, in Research Plan
fisheries. For example, if the fee percentage for Research Plan
fisheries were 1.00 percent, and the standard exvessel price of pollock
were $0.09/lb ($0.20/kg), a retained catch of 500,000 lbs (227,727 kg)
of pollock would result in a fee assessment due from the processor of:
0.0100 x $0.09/lb. x 500,000 lbs=$450.00.
Retained catch is defined as the catch retained by either at-sea or
shoreside processors. The round weight of fish delivered to shoreside
processors would be determined from scale weights. Standard product
recovery rates would be used to derive round-weight equivalents when
other than whole fish is delivered to shoreside processors. Standard
product recovery rates also would be used to calculate round-weight
equivalents of groundfish and halibut harvested by or delivered to at-
sea processors. For crab at-sea processors, scale weights of sample
catches would be used to calculate weight of retained catch. NMFS is
developing a regulatory amendment to establish standard product
recovery rates that would be used throughout the industry to calculate
round-weight equivalents of retained catch. Assuming Secretarial
approval, NMFS anticipates that standard product recovery rates will be
effective by 1995. If a more reliable system for determining total
weights is implemented in the future, these regulations would be
amended accordingly. Public comment is specifically encouraged on this
aspect of the proposed Research Plan.
NMFS would obtain values for the weight of retained catch to be
used in calculating fee assessments through existing data reporting
systems. Groundfish data would be obtained from Weekly Production
Reports or from ADF&G fish tickets for those vessel operators who are
not required to submit Weekly Production Reports under Federal
regulations but who sell catch directly to consumers. Crab data would
be obtained from ADF&G Weekly Processor Reports, fish tickets, or other
required reports. Halibut data would be obtained from the IPHC or from
Individual Fishing Quota (IFQ) reports, when available.
NMFS would bill processors bimonthly for their fee assessments. The
bimonthly periods would be determined on the basis of weekly reporting
periods. NMFS is preparing a rule to revise the definition of a weekly
reporting period. Assuming its approval, the 1995 bimonthly periods
would be January 1 through February 25; February 26 through April 29;
April 30 through July 1; July 2 through September 2; September 3
through October 28; and October 29 through December 31. The Director,
Alaska Region, NMFS, (Regional Director) would need to receive payments
within 30 days of the date the bill is issued. Interest and
administrative charges would be charged for late payments. Payments
would be deposited in the Fund within the U.S. Treasury.
A processor would be required to notify the Regional Director, in
writing, within 30 days of issuance of the bill, if any billed amount
is disputed. The processor would be responsible for paying the
undisputed amount of the bill within 30 days of its issuance, and for
providing documentation supporting the disputed amount claimed to be
under- or over-billed. Within 60 days of the date of issuance of the
disputed bill, the Regional Director would review the disputed bill and
the documentation provided by the processor, and would notify the
processor of his determination. If the Regional Director determines a
billing error has occurred, the processor's account would be rectified
by credit or subsequent billing. If the Regional Director determines a
billing error has not occurred, the balance of the disputed bill would
be due within 15 days of issuance of the determination. Interest and
administrative charges would be assessed for payments that are not
received within 15 days. Processor permits would not be issued until
all fee assessments are paid. (See Permit and Recordkeeping
Requirements in this preamble).
The Council recommended requiring guarantees equal to the maximum
estimated quarterly fee assessment for the upcoming calendar year to
secure anticipated fee liabilities, in the form of prepayments, letter
of credit, surety bond, or lien on property. NMFS believes that the
requirement of such guarantees is premature and could be burdensome to
the industry, particularly to smaller enterprises, and costly to
administer. Small or marginally profitable enterprises could have
difficulty in securing such guarantees. There are irrecoverable costs
associated with guarantees such as letters of credit and surety bonds.
Some guarantees may be of limited value in ensuring necessary cash
flows and achieving the objectives of the Research Plan. Collection
could also be difficult to accomplish in a timely and cost-effective
manner.
Instead, NMFS is proposing a simplified system to encourage timely
fee assessment payments by processors that would consist of: (1)
Bimonthly billing, (2) semi-annual processor permitting with a
requirement that all Research Plan fee assessments must be current
before a permit would be issued, (3) a prohibition against processing
landings from Research Plan fisheries without a valid processing
permit, and (4) a prohibition against delivery of catch from Research
Plan fisheries to a processor not possessing a valid processing permit.
This system also has the advantage of greatly simplified reporting and
recordkeeping requirements for processors and reduced administrative
costs for NMFS. The extent of nonpayment of fee assessments, which is
inherent in any fee collection system, would be taken into account in
determining the fee percentage rate for the following year. The
proposed system is designed to minimize such nonpayment.
First Year of the Research Plan
During the first, or start-up, year of the Research Plan, NMFS
would accumulate necessary start-up funds in the Fund. Fees would be
assessed against all fishing vessels and U.S. fish processors
participating in Research Plan fisheries under the authority of the
Council. Processors would be responsible for collecting all fee
assessments and for paying them bimonthly. The observer coverage
requirements in the Federal Observer Plan and existing State Bering Sea
and Aleutian Islands area king and Tanner crab regulations (5 AAC
39.645) would remain in effect during the start-up year.
During the first year of the Research Plan (1995), all processors
and vessels participating in Research Plan fisheries would pay the full
fee assessment. Vessel operators and processors that currently are
required to carry observers under the Federal Observer Plan and under
State regulations would continue to do so during the first year of the
Research Plan. NMFS would issue rebates to those who paid directly for
required observer coverage during the first year of the Research Plan.
The rebate per standard observer day would equal either the actual
payment to an observer contractor per standard observer day or the
standardized cost of a standard observer day, whichever is less. A
standard observer day is defined as all or part of a 24-hour period
that begins at 0001 hours Alaska local time (A.l.t.) and ends at 2400
A.l.t., during which an observer is stationed on a vessel or at a
shoreside facility for purposes of complying with observer coverage
requirements set forth in the proposed rule at Sec. 677.10(a). A
standard observer day cannot be attributed to more than one vessel or
shoreside facility.
The standardized cost of a standard observer day would be based on
the estimate(s) of the cost per observer day used to calculate both the
total cost of the Research Plan and the fee percentage during 1995.
Proposed standardized cost(s) will be published in the Federal Register
for public review and comment as part of the annual Research Plan
specification process set forth at Sec. 677.11 of the proposed rule. At
this time, NMFS anticipates that standardized cost(s) could range
between $170 and $265 per day, depending on whether 100 percent or 30
percent observer coverage is obtained.
The rebates issued for vessel or processor observer coverage may
exceed Research Plan fee payments. However, issuance of a rebate to a
processor would be dependent on the processor being current with
respect to submitting its fee payments. The rebates would be based on
information provided to NMFS by observer contractors on an Observer
Coverage Rebate Application (Form FPP-2). This information would
include the number of standard observer days paid for by each vessel or
processor and the amount paid for those observer days. The required
information would be submitted by each observer contractor within 15
days after the end of each calendar month in which it received payments
for providing observers. Initial rebates would not be issued before
mid-year, to allow for the collection of sufficient funding for the
rebate program. Subsequent rebates for 1995 observer coverage would be
issued on a more regular basis, e.g. bimonthly.
NMFS believes that a fund equal to approximately two-thirds of the
estimated annual cost needed to operate the Research Plan is the
minimum amount needed to begin full operation of the Research Plan and
to ensure that cash flow is adequate to meet start-up costs. Assuming
approval of regulations implementing the Research Plan, full
implementation of the observer and fee portions of the Research Plan is
anticipated to begin January 1, 1996.
Permit and Recordkeeping Requirements
After the first year of the Research Plan, most of the burden of
recordkeeping would rest with processors, who would be responsible for
collecting and paying the bimonthly Research Plan fee assessment when
billed by NMFS. During the first year of the Research Plan, additional
reporting requirements would be implemented for observer contractors to
support the rebate program for direct observer costs. The rebate
program and associated recordkeeping requirements are described above.
All processors of Research Plan fisheries would need a Federal
Processing Permit. A Federal Processing Permit Application (Form FPP-1)
would be required to obtain a processing permit, and would serve to
gather information about the processor and its owner. Fishermen who
sell their catch directly to the public at a dock, roadside, or
elsewhere would be considered processors under the Research Plan. Each
processing vessel or shoreside facility would be required to submit a
separate permit application, even if several vessels or facilities are
owned by the same company.
Permits would be issued for each of the two 6-month periods--
January 1 through June 30, and July 1 through December 31. No permit
would be issued until the permit application is complete and all fee
assessments paid. Processors that have paid their accounts and
submitted complete permit applications would be issued a permit within
30 days. Permits would not be issued to those processors not submitting
complete applications or to those whose accounts are past due, until
their applications are complete and their accounts are paid. Processing
fish from Research Plan fisheries without a valid permit, or delivering
fish from Research Plan fisheries to a processor not possessing a valid
permit, would be prohibited. NMFS would make available to the public a
list of those processors holding valid permits to process fish from
Research Plan fisheries.
Observer Coverage
During the first year of the Research Plan (1995), observer
coverage levels in the groundfish fishery would be as currently
required by the Federal Observer Plan. All king and Tanner crab
catcher/processors and mothership processors in the Bering Sea and
Aleutian Islands area would continue to carry observers under the State
Shellfish Onboard Observer Program. Observer coverage would not be
required for the halibut fishery.
Starting with the second year of the Research Plan (1996), NMFS
would annually determine the level of observer coverage necessary to
achieve the objectives of the Research Plan. NMFS would consider the
amount of available funds, as well as the objectives of the program, in
determining the appropriate observer coverage levels. NMFS would
annually present an analysis of observer coverage, including criteria
for selection of vessels to carry observers if coverage is less than
100 percent, to the Council, and to the State in the case of the Bering
Sea and Aleutian Islands area king and Tanner crab fisheries. NMFS
would then publish the proposed levels of coverage in the Federal
Register and invite comments. State costs for observer coverage in the
Bering Sea and Aleutian Islands area king and Tanner crab fisheries
allowable under the Magnuson Act would be paid from fees collected from
all Research Plan fisheries. After considering comments received and
again consulting with the Council, and with the State in the case of
the Bering Sea and Aleutian Islands area king and Tanner crab
fisheries, NMFS would publish the final levels of observer coverage for
the upcoming year in the Federal Register.
Inseason Changes in Observer Coverage
The Regional Director may increase or decrease the observer
coverage requirements for the groundfish, halibut, and crab observer
programs at any time during the effective period of the Research Plan
to improve the accuracy, reliability, and availability of observer
data, and to ensure solvency of the observer program, so long as the
conditions set forth in section 313 of the Magnuson Act are met, and
based on one or more of the following findings:
1. A significant change in fishing methods, times, or areas for a
specific fishery or fleet component has occurred, or is likely to
occur.
2. A significant change in catch or bycatch composition for a
specific fishery or fleet component has occurred, or is likely to
occur.
3. Unanticipated shortfalls in the North Pacific Fishery Observer
Fund require decreased observer coverage to maintain solvency of the
observer programs.
4. An increase in observer coverage is necessary to ensure or
improve data availability or quality in order to meet specific fishery
management objectives.
Any decrease in observer coverage due to unanticipated funding
shortfalls must be consistent with the following priorities: (a) Status
of stock assessments (i.e., collection of data on total catch, species
composition, size, sex, and age); (b) inseason management; (c) bycatch
monitoring; and (d) vessel incentive programs and regulatory
compliance. Any increased costs must be commensurate with the quality
and usefulness of the data to be derived from any revised program and
necessary to meet fishery management needs.
The Regional Director would consult with the Commissioner of ADF&G
prior to making inseason changes in observer coverage level for the
crab observer program. NMFS would publish changes in observer coverage
requirements in the Federal Register, with the reasons for the changes
and any special instructions to vessels required to carry observers, at
least 10 calendar days prior to their implementation.
Groundfish and Halibut Observers
Groundfish and halibut observers would be either employees of NMFS
or employees of NMFS observer contractors. Observer contracts would be
subject to a competitive bid process and would comply with Federal and
agency procurement regulations. A minimum of three contractors would be
used in accordance with the procurement regulations, if cost effective,
and if three or more bidders are qualified.
Observers would possess the education and specific training as
specified in the contracts issued by the Federal Government to provide
groundfish or halibut observers. The observers' duties are described in
detail in the NMFS observer manual, which is updated as necessary and
is available from the NMFS Observer Program, Alaska Fisheries Science
Center, 7600 Sand Point Way N.E., BIN C15700, Building 4, Seattle, WA
98115. Observer duties may include the collection of data on catch,
effort, bycatch, and discards of finfish and shellfish, including
prohibited species catches, to facilitate inseason management.
Observers may collect information on gear, processing, or other fishing
information; biological samples to determine species, length, weight,
age, sex composition of catch, and predator-prey interactions; or any
other information needed to manage the fisheries. They may collect data
on marine mammals, seabirds, and other species as appropriate.
Information obtained from observers would also be used to monitor
compliance with fishing and related regulations.
The Regional Director would review fishery monitoring programs and
report to the Council on methods to improve data collection and
sampling techniques and to provide for real-time data transmission from
the groundfish and halibut fleet, including daily reporting and other
measures as appropriate to improve the accuracy and efficiency of
fishery monitoring programs.
A final rule was published on April 29, 1994, (59 FR 22133) that
authorizes NMFS to disclose specified observer data on prohibited
species bycatch or bycatch rates. This authority would continue under
the Research Plan and is included in this proposed rule
(Sec. 677.10(f)).
Bering Sea and Aleutian Islands Area King and Tanner Crab Observers
Crab observers would either be employees of ADF&G, or employees of
NMFS observer contractors. The observers would be required to possess
the education and specific training requirements as specified in the
contracts issued by the Federal Government to provide crab observers.
The observers' duties are described in detail in the ADF&G observer
manual, which will be updated as necessary. The ADF&G observer manual
is available from ADF&G, Box 308, Dutch Harbor, AK 99692-0308. Crab
observer duties may include the collection of data on catch, effort,
bycatch, and discards of finfish and shellfish to facilitate inseason
management. Observers may also collect biological samples to determine
information such as species, length, weight, age, sex composition of
catch, predator-prey interactions, or any other biological information
needed to manage the fisheries. They may also collect data on marine
mammals, seabirds, and other species as appropriate. Crab observers
also provide an effective means to ensure management compliance.
The State would review its fishery monitoring and data transmission
programs in conjunction with NMFS, to coordinate methods to improve
data collection and sampling techniques, provide for real-time data
transmission from the fleet, including daily reporting, improve the
accuracy and efficiency of fishery monitoring programs, and improve
coordination between State and Federal agencies. Initially, data
collection, transmission, and input programs would be the same as
specified under existing State regulations and guidelines to facilitate
inseason management.
Notification of Observer Contractors by Processors and Operators of
Vessels Required To Carry Observers
Processors and operators of vessels required to carry observers
under the Research Plan would be responsible for meeting their observer
coverage requirements. To ensure that an observer will be available,
processors and vessel operators would be required to notify the
appropriate agency or observer contractor, as identified by NMFS, not
less than 60 days prior to their need for an observer. This
notification must be in writing or facsimile copy. A second
notification to the appropriate observer contractor, in writing,
facsimile copy, or by telephone, must be made not less than 10 days
prior to the need for an observer, to make final arrangements for
observer deployment. Proposed ports from which observers may embark/
disembark are Akutan, Atka, Beaver Inlet, Chignik, Cordova, Craig,
Dutch Harbor, Homer, Juneau, Ketchikan, Kenai, King Cove, Kodiak,
Petersburg, Sand Point, Seward, Sitka, St. George, St. Paul, Valdez,
Wrangell, and Yakutat. Ports were selected using the following
criteria: (1) Previous selection by observer contractors, (2)
accessibility and transportation costs, and (3) availability of
overnight accommodations. Public comments on this list of ports is
specifically encouraged. This list would be reviewed annually by NMFS,
in consultation with the Council and the State, during the annual
budget review process.
During the first year of the Research Plan (1995), observer
coverage requirements would be as described in Sec. 677.10(a). NMFS
would publish subsequent observer coverage requirements, along with the
names of the observer contractors, information for contacting
contractors, and a list of embarkment/disembarkment ports for
observers, annually in the Federal Register, prior to the beginning of
the calendar year to which the coverage requirements apply (see
Observer Coverage in this preamble).
Coordination Between the Federal Groundfish Observer Program and the
State King and Tanner Crab Observer Program Under the Research Plan
Under authority of the FMP for the Commercial King and Tanner Crab
Fisheries in the Bering Sea and Aleutian Islands, the State king and
Tanner crab observer program for the Bering Sea and Aleutian Islands
area was designed by the Board and is administered by ADF&G.
NMFS and ADF&G would form a work group to maximize efficiency in
administration and implementation of the groundfish, halibut, and king
and Tanner crab observer programs. The University of Alaska, as an
observer training entity, would be a member of this work group when
required to help in the development of observer training and debriefing
procedures. The work group would review costs and identify possible
cost-saving measures, including the use of contractors to perform some
or all of the duties under the Research Plan, other than briefing or
debriefing. The work group also would review the costs and benefits of
training observers in Alaska or elsewhere.
The work group would address items including: (1) Development of
consistent, cost-effective, and compatible observer training and
debriefing procedures; (2) development of a consistent data collection,
transmission, and processing system, including a single database
available to both agencies on a real-time basis; and (3) identification
of costs that are appropriate for reimbursement to the State pursuant
to the Magnuson Act. NMFS and ADF&G would annually provide to the
Council a report detailing steps taken to improve overall coordination
between the two observer programs and to improve administrative
efficiency.
Observer Oversight Committee
The Council Chairman would establish an Observer Oversight
Committee (Committee) to provide advice to the Council, the Board, the
Commissioner of ADF&G, and the Regional Director on general provisions
of the observer and fee portions of the Research Plan. NMFS, with the
assistance of ADF&G, would annually provide Research Plan reports and
budget documents to the Committee. The Committee would consist of
industry representatives from the following groups: Factory trawler,
catcher trawler, shoreside processor, crab catcher vessel, freezer
longliner, non-freezer longliner, crab catcher-processor, vessels under
60 ft (18.3 m) in length overall, observers, observer contractors, and
an independent observer training representative. The Committee would
meet with NMFS and ADF&G staff within the annual cycle of the Research
Plan to review the reports and budgets and provide input to the Council
on fee levels and observer coverage needs. The Committee would not have
oversight of the daily operations of the Federal and State observer
programs.
Risk-sharing Pool
Under section 313 of the Magnuson Act, the Secretary will review
the feasibility of establishing a risk-sharing pool to provide
comprehensive commercial insurance coverage for vessels and owners, and
the availability of such insurance for vessels and owners, against
liability from civil suits by observers. If the Secretary determines
that a risk-sharing pool is feasible, any implementing regulations
would be codified at subpart B of 50 CFR part 677.
Public Comment and Hearings
Public comments on the proposed Research Plan and its implementing
regulations are invited for 60 days. During this comment period, the
Secretary will conduct public hearings, as required by the Magnuson
Act, in Alaska, Oregon, and Washington for the purpose of receiving
public comments on the proposed regulations (see DATES and ADDRESSES
for dates and locations). NMFS will consider public comments received
in preparing the final rule implementing the Research Plan.
Classification
The General Counsel of the Department of Commerce certified to the
Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. Although it would affect all firms in the Research Plan
fisheries, it would not decrease revenues by more than 2 percent. Since
costs are approximately equal to revenues in the Research Plan
fisheries, costs are not expected to go up by more than 2 percent.
Thus, while a substantial number of small entities would be affected,
the effect is not expected to be economically significant.
This proposed rule contains collection-of-information requirements
subject to the Paperwork Reduction Act. These collections of
information have been submitted to the Office of Management and Budget
for approval. Public reporting burden for each year of this collection
is estimated to average 0.5 hours per response for completing the semi-
annual Federal Processing Permit Application, 0.25 hours per response
for notifying contractors of needs for observers, and 1.0 hour per
response to provide information to document claims of disputed bills.
For the first year of the Research Plan, completion of Observer
Coverage Rebate Application forms is estimated to average 0.16 hours
per response. All reporting burden estimates include the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding these burden
estimates, or any other aspect of the data requirements, including
suggestions for reducing the burden, to NMFS (see ADDRESSES) and to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Washington, DC 20503 (ATTN: NOAA Desk Officer).
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
List of Subjects in 50 CFR Parts 301, 671, 672, 675, 676, and 677
Fisheries, Reporting and recordkeeping requirements.
Dated: April 29, 1994.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, title 50 CFR is proposed
to be amended as follows:
PART 301--PACIFIC HALIBUT FISHERIES
1. The authority citation for part 301 continues to read as
follows:
Authority: 5 UST 5; TIAS 2900; 16 U.S.C. 773-773k.
2. Section 301.23 is added to read as follows:
Sec. 301.23 North Pacific Fisheries Research Plan.
Permit requirements, observer requirements, and fee assessments for
the Northern Pacific halibut fishery under the North Pacific Fisheries
Research Plan are contained in part 677 of this chapter.
PART 671--KING AND TANNER CRAB FISHERIES OF THE BERING SEA AND
ALEUTIAN ISLANDS
3. The authority citation for part 671 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
4. A new Sec. 671.4 is added to read as follows:
Sec. 671.4 Permits.
All processors of Bering Sea and Aleutian Islands area king and
Tanner crab must comply with permit requirements contained in
Sec. 677.4 of this chapter.
5. A new Sec. 671.21 is added to read as follows:
Sec. 671.21 Observer requirements.
Bering Sea and Aleutian Islands area king and Tanner crab observer
requirements are contained in part 677 of this chapter.
PART 672--GROUNDFISH OF THE GULF OF ALASKA
6. The authority citation for part 672 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
7. In Sec. 672.4, introductory text of paragraph (b) is
redesignated introductory text of paragraph (b)(1); existing paragraphs
(b)(1) through (10) are redesignated paragraphs (b)(1) (i) through (x),
respectively; and a new paragraph (b)(2) is added to read as follows:
Sec. 672.4 Permits.
* * * * *
(b) * * *
(2) All processors of Gulf of Alaska groundfish must comply with
permit requirements contained in Sec. 677.4 of this chapter, in
addition to any applicable requirements of this Sec. 672.4.
* * * * *
8. Section 672.27 is revised to read as follows:
Sec. 672.27 Observer requirements.
Gulf of Alaska groundfish observer requirements are contained in
part 677 of this chapter.
PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA
9. The authority citation for part 675 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
10. In Sec. 675.4, introductory text of paragraph (b) is
redesignated introductory text of paragraph (b)(1); existing paragraphs
(b)(1) through (10) are redesignated paragraphs (b)(1) (i) through (x),
respectively; and a new paragraph (b)(2) is added to read as follows:
Sec. 675.4 Permits.
* * * * *
(b) * * *
(2) All processors of Bering Sea and Aleutian Islands management
area groundfish must comply with permit requirements contained in
Sec. 677.4 of this chapter, in addition to any applicable requirements
of this Sec. 675.4.
* * * * *
11. Section 675.25 is revised to read as follows:
Sec. 675.25 Observer requirements.
Bering Sea and Aleutian Islands management area groundfish observer
requirements are contained in part 677 of this chapter.
PART 676--LIMITED ACCESS MANAGEMENT OF FEDERAL FISHERIES IN AND OFF
ALASKA
12. The authority citation for part 676 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq. and 1801 et seq.
13. In Sec. 676.13, paragraph (a)(1) introductory text is revised
to read as follows:
Sec. 676.13 Permits.
(a) * * *
(1) In addition to the permit and licensing requirements prescribed
at 50 CFR parts 301, 672, 675, and 677, all fishing vessels that
harvest IFQ halibut or IFQ sablefish must have onboard:
* * * * *
14. In Sec. 676.16, paragraph (r) is added to read as follows:
Sec. 676.16 General prohibitions.
* * * * *
(r) Any person who is issued a registered buyer permit under
Sec. 676.13(a)(2) of this part and who also is required to obtain a
Federal processing permit under Sec. 677.4 of this chapter may not
transfer or receive sablefish harvested in Federal waters or halibut
unless the person possesses a valid permit issued under Sec. 677.4 of
this chapter.
15. Part 677 is added to read as follows:
PART 677--NORTH PACIFIC FISHERIES RESEARCH PLAN
Subpart A--General Provisions of the North Pacific Fisheries
Research Plan.
Sec.
677.1 Purpose and scope.
677.2 Definitions.
677.3 Relation to other laws.
677.4 Permits.
677.5 Recordkeeping and reporting.
677.6 Research Plan fee.
677.7 General prohibitions.
677.8 Facilitation of enforcement.
677.9 Penalties.
677.10 General requirements.
677.11 Annual Research Plan specifications.
677.12 Compliance.
Subpart B--General Provisions of Risk-Sharing Pool for Insurance
Purposes. [Reserved]
Figures--Part 677
Figure 1--Federal Processing Permit Application (Form FPP-1).
Figure 2--Observer Coverage Rebate Application (Form FPP-2).
Authority: 16 U.S.C. 1801 et seq.
Subpart A--General Provisions of the North Pacific Fisheries
Research Plan.
Sec. 677.1 Purpose and scope.
(a) These regulations implement the North Pacific Fisheries
Research Plan developed by the North Pacific Fishery Management Council
under the Magnuson Act.
(b) Regulations in this part govern elements of the Research Plan
for the following fisheries under the Council's authority: Bering Sea
and Aleutian Islands management area groundfish, Gulf of Alaska
groundfish, and Bering Sea and Aleutian Islands area king and Tanner
crab in the exclusive economic zone; and halibut from convention waters
off Alaska.
Sec. 677.2 Definitions.
In addition to the definitions in the Magnuson Act and in 50 CFR
part 620, the terms used in this part have the following meanings:
ADF&G means the Alaska Department of Fish and Game.
At-sea processor means a catcher/processor or mothership processor
vessel as defined in this section.
Bering Sea and Aleutian Islands management area is defined at
Sec. 675.2 of this chapter.
Bering Sea and Aleutian Islands area is defined at Sec. 671.2 of
this chapter.
Bimonthly refers to a time period calculated on the basis of weekly
reporting periods as follows: Each bimonthly period begins at 0001
hours A.l.t. of the first Sunday of the first weekly reporting period
that has at least 4 days in the associated calendar month and ends at
2400 hours A.l.t., the last Saturday of the last weekly reporting
period that has at least 4 days in the next calendar month, with the
exception of the first bimonthly period, which begins at 0001 hours,
A.l.t., January 1, and the last bimonthly period, which ends at 2400
hours, A.l.t., December 31. Dates of each bimonthly period will be
published in the Federal Register prior to the beginning of the
calendar year for which they apply.
Catcher vessel means a vessel that is used for catching fish.
Catcher/processor means a processor vessel that is used for
catching fish and processing that fish.
Commissioner of ADF&G means the principal executive officer of
ADF&G.
Convention waters off Alaska means all waters off Alaska in halibut
regulatory areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E as defined in 50
CFR part 301.
Exvessel price means the price in dollars received by a harvester
for fish from Research Plan fisheries. Exvessel price excludes any
value added by processing.
Fee percentage means the annually calculated assessment rate, in
percent of exvessel value of Research Plan fisheries, used to determine
fee assessments under the Research Plan.
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, as defined
at Sec. 672.2 or Sec. 675.2 of this chapter, halibut, or king or Tanner
crab are retained. Days during which a vessel only delivers unsorted
codends to a processor are not fishing days.
Fishing trip means the time period during which one or more fishing
days occur that starts on the day when fishing gear is first deployed
and ends on the day the vessel: offloads groundfish, as defined at
Sec. 672.2 or Sec. 675.2 of this chapter, halibut, or king or Tanner
crab; returns to an Alaskan port; or leaves the EEZ off Alaska and
adjacent waters of the State of Alaska.
Groundfish is defined at Sec. 672.2 or Sec. 675.2 of this chapter.
Gulf of Alaska is defined at Sec. 672.2 of this chapter.
Halibut means Pacific halibut (Hippoglossus stenolepis).
King crab means red king crab (Paralithodes camtschatica), blue
king crab (P. platypus), brown (or golden) king crab (Lithodes
aequispina), and scarlet (or deep sea) king crab (Lithodes couesi).
Landing is defined at Sec. 672.2 of this chapter.
Length overall is defined at Sec. 672.2 of this chapter.
Mothership processor vessel means a processor vessel that receives
and processes fish from other vessels and is not used for catching
fish.
Processing or to process means the preparation of fish to render it
suitable for human consumption, industrial uses, or long term storage,
including, but not limited to, cooking, canning, smoking, salting,
drying, freezing, and rendering into meal or oil, but does not mean
icing, bleeding, heading, or gutting.
Processor means any facility or vessel that processes fish for
commercial use or consumption, any person who receives fish from
fishermen for commercial purposes, and fishermen who sell fish directly
to another individual for use as bait or personal consumption.
Regional Director means the Director, Alaska Region, NMFS, P.O. Box
21668, Juneau, AK 99802.
Research Plan means the North Pacific Fisheries Research Plan
developed by the North Pacific Fishery Management Council under the
Magnuson Act.
Research Plan fisheries means the following fisheries: Bering Sea
and Aleutian Islands management area groundfish, Gulf of Alaska
groundfish, Bering Sea and Aleutian Islands area king and Tanner crab;
and halibut from convention waters off Alaska.
Retained catch means the catch retained by either at-sea or
shoreside processors, in round weight or round-weight equivalents, from
Research Plan fisheries.
Round weight or round-weight equivalents means:
(1) For groundfish processed by shoreside processors--scale weights
of retained catches; for other than whole fish delivered to shoreside
processors, fish product weight, as defined at Sec. 672.2 of this
chapter, divided by NMFS standard product recovery rates.
(2) For groundfish processed by at-sea processors--fish product
weight, as defined at Sec. 672.2 of this chapter, of each product
divided by NMFS standard product recovery rates.
(3) For Bering Sea and Aleutian Islands area crab processed by
catcher/processors--scale weight of a subsample multiplied by the
number of subsamples comprising the retained catch.
(4) For Bering Sea and Aleutian Islands area crab processed by
mothership processor vessels--scale weights of retained catches.
Shoreside processor or shoreside processing facility means
processor as defined in this section.
Standard exvessel price means the exvessel price for species
harvested in Research Plan fisheries, calculated annually by NMFS for
each species or species group, from exvessel price information for all
product forms, used in determining fee assessments.
Standard observer day means all or part of a 24-hour period that
begins at 0001 hours Alaska local time (A.l.t.) and ends at 2400
A.l.t., during which an observer is stationed on a vessel or at a
shoreside facility for purposes of complying with observer coverage
requirements at Sec. 677.10(a). A standard observer day cannot be
attributed to more than one vessel or shoreside facility.
Standardized cost of an observer day means the cost per observer
day used to calculate both the annual total cost of the Research Plan
and the fee percentage specified under the annual Research Plan
specification process at Sec. 677.11.
Tanner crab means Chionoecetes species or hybrids of these species.
Sec. 677.3 Relation to other laws.
(a) The relation of this part to other laws is set forth in
Sec. 620.3 of this chapter and paragraphs (b) through (c) of this
section.
(b) Domestic fishing for groundfish. Regulations governing the
conservation and management of groundfish in the Gulf of Alaska and the
Bering Sea and Aleutian Islands management area are set forth at 50 CFR
parts 672 and 675, respectively. The conservation and management of
groundfish in waters of the territorial sea and internal waters of the
State of Alaska are governed by Alaska State regulation at 5 AAC 28 and
Alaska Statute at A.S. 16.
(c) King and Tanner crab fishing. Regulations governing the
conservation and management of king crab and Tanner crab in the Bering
Sea and Aleutian Islands area are governed by Alaska Statutes at A.S.
16 and Alaska State regulations at 5 AAC 34, 35, and 39; and at part
671 of this chapter.
Sec. 677.4 Permits.
(a) General. In addition to the permit and licensing requirements
at Secs. 301.3, 672.4, 675.4, and 676.13 of this chapter, all
processors of fish from Research Plan fisheries must have a Federal
Processing Permit issued by the Regional Director under this section.
Such permits shall be issued without charge.
(b) Application. The permit required under paragraph (a) of this
section may be obtained by submitting to the Regional Director a
completed Federal Processing Permit Application (Form FPP-1; see figure
1) containing the following information:
(1) The semi-annual period for which the permit is requested.
(2) The Research Plan fishery or fisheries for which the permit is
requested.
(3) If the application is for an amended permit, the current
Federal Processing Permit number and an indication of the information
that is being amended.
(4) The processor owner's name or names; mailing address; person
responsible, if the owner is a company; managing company, if any;
telephone number; FAX number; and telex number.
(5) If the processing facility is a shoreside processor, the
plant's name, address, ADF&G Processor Code, telephone number, FAX
number, and telex number.
(6) If the processing facility is a vessel, the vessel's name, home
port, net tonnage, length overall, U.S. Coast Guard number, telephone
number, FAX number, telex number, INMARSAT (satellite communications)
number, and ADF&G number.
(7) The owner's name, signature, and date.
(c) Issuance. (1) Permits required under this section will be
issued by the Regional Director semi-annually.
(2) The Regional Director will issue a permit required under
paragraph (a) of this section upon receipt of a complete application,
if all Research Plan fees due are paid. Upon receipt of an incomplete
or improperly completed application, the Regional Director will notify
the applicant of the deficiency. No permit will be issued to an
applicant until a complete application is submitted and all fees are
paid.
(d) Notification of change. Any person who has applied for and
received a permit under this section must notify the Regional Director,
in writing, of any change in the information provided under paragraph
(b) of this section within 10 days of the date of that change.
(e) Duration. The permit issued by the Regional Director will
continue in full force and effect for the period January 1 through June
30, or July 1 through December 31, of the year for which it was issued,
or until it is revoked, suspended, or modified under part 621 (Civil
Procedures) of this chapter.
(f) Alteration. No person may alter, erase, or mutilate any permit
issued under this section. Any permit that has been intentionally
altered, erased, or mutilated is invalid.
(g) Transfer. Permits issued under this section are not
transferable or assignable. Each permit is valid only for the processor
for which it is issued. The Regional Director must be notified of a
change in ownership, pursuant to paragraph (d) of this section.
(h) Inspection. The permit issued under this section must be
maintained on the processor vessel or at the shoreside processor. The
permit must be available for inspection upon request by an authorized
officer or any employee of NMFS or ADF&G designated by the Regional
Director or Commissioner of ADF&G.
(i) Sanctions. Procedures governing permit sanctions are found at
subpart D of 15 CFR part 904.
(j) Disclosure. NMFS will maintain a list of permitted processors
that may be disclosed for public inspection.
Sec. 677.5 Recordkeeping and reporting.
(a) Applicability. Any processor that processes fish from a
Research Plan fishery is responsible for compliance with the applicable
recordkeeping and reporting requirements of this part.
(b) General requirements. Any form, record, or report that is
required to be submitted or provided to the Regional Director must be
addressed or delivered to the National Marine Fisheries Service, P.O.
Box 21668, Juneau, AK 99802. Submissions must be complete, legible, and
in English.
Sec. 677.6 Research Plan fee.
(a) Fee percentage. The fee percentage will be set annually under
procedures at Sec. 677.11, such that the total fees equal the lesser of
the following:
(1) The cost of implementing the Research Plan, including
nonpayments, minus any other Federal funds that support the observer
program and any existing surplus in the North Pacific Fishery Observer
Fund; or
(2) Two percent of the exvessel value of all Research Plan
fisheries.
(b) Bimonthly fee assessment. The Research Plan bimonthly fee
assessment is the fee percentage established pursuant to Sec. 677.11
for the calendar year, multiplied by the standard exvessel price
established pursuant to Sec. 677.11 for the calendar year, multiplied
by the round weight or round-weight equivalent of retained catch for
each species from Research Plan fisheries during the bimonthly period.
(c) Fee assessment payments. Each processor that retains fish for
processing from a Research Plan fishery must collect and pay the
Research Plan fee. NMFS will bill each processor of Research Plan
fisheries for bimonthly fee assessments, based on the best available
information on retained catches processed during that bimonthly period.
Bimonthly fee assessment payments must be in the form of certified
check, draft, or money order payable in U.S. currency to ``NOAA-NMFS.''
The Regional Director must receive payment in full within 30 calendar
days from the date of issuance of each bimonthly fee assessment bill.
Payments will be deposited in the North Pacific Fishery Observer Fund
within the U.S. Treasury.
(d) Disputed fee assessments. A processor must notify the Regional
Director, in writing, within 30 days of issuance of the bimonthly fee
assessment bill, if any portion of the bimonthly fee assessment bill is
disputed. The processor must pay the undisputed amount of the bimonthly
fee assessment bill within 30 days of its issuance, and provide
documentation supporting the disputed portion claimed to be under- or
over-billed. The Regional Director will review the disputed bimonthly
fee assessment bill and the documentation provided by the processor,
and will notify the processor of his determination within 60 days of
the date of issuance of the disputed bimonthly fee assessment bill. If
the Regional Director determines a billing error had occurred, the
processor's account will be rectified by credit or issuance of a
corrected bimonthly fee assessment bill. If the Regional Director
determines that a billing error had not occurred, the balance of the
disputed bimonthly fee assessment bill is due within 15 days of
issuance of the determination. Late charges will be assessed for
payments not received within 15 days. If the processor does not dispute
the amount of the bimonthly fee assessment bill within 30 days of its
issuance, the bimonthly fee assessment will be final, and will be due
to the United States.
(e) Late charges. The NOAA Office of the Comptroller shall assess
late charges in the form of interest and administrative charges for
late payment of fee assessments. Interest will accrue on the unpaid
amount at a percentage rate established by the Federal Reserve Board
and applied to funds held by the U.S. Treasury for each 30-day period,
or portion thereof, that the payment is overdue.
(f) Rebates for observer coverage (Applicable from January 1, 1995,
through December 31, 1995.)--(1) General. During the first year of the
Research Plan, NMFS will rebate the cost for required observer
coverage.
(2) Applicability. (i) Each processor that retains fish for
processing from a Research Plan fishery must collect and pay the
Research Plan fee under procedures set forth under paragraphs (b)
through (e) of this section.
(ii) All catcher vessels and processors of Research Plan fisheries
must obtain observer coverage based on coverage requirements at
Sec. 677.10(a).
(iii) Catcher vessels and processors that pay for required observer
coverage are eligible for rebates issued by NMFS during the first year
of the Research Plan.
(3) Recordkeeping and reporting, for purposes of this paragraph
(f)--(i) Requirement. All NMFS-certified observer contractors and
observer contractors supplying observers for processor vessels
participating in the Bering Sea and Aleutian Islands area king and
Tanner crab fishery under Alaska State regulations must submit to the
Regional Director a completed Observer Coverage Rebate Application
(Form FPP-2; see figure 2). Completed forms must be submitted within 15
days after the end of each calendar month during which payment is
received for observer services provided by the observer contractor for
vessel or processor compliance with observer coverage requirements at
Sec. 677.10(a).
(ii) Observer Coverage Rebate Application. Observer contractors may
obtain Observer Coverage Rebate Application forms from the Regional
Director. The application form requests the following information:
(A) Observer contractor name and signature of a person serving as a
representative for the observer contractor;
(B) The name and mailing address of the person from whom payment of
observer coverage was received and to whom the rebate will be issued;
(C) Identification of the vessel or shoreside processing facility
that received observer coverage;
(D) The total amount paid for observer coverage and the total
number of standard observer days paid for; and
(E) Name of the observer(s) and date(s) of standard observer day(s)
paid for.
(4) Issuance of rebates. (i) Rebates for observer coverage will be
based on information provided to NMFS by observer contractors on the
Observer Coverage Rebate Application.
(ii) NMFS will issue rebates to the persons who paid an observer
contractor for observer services. The rebate for each standard observer
day an observer is deployed for service at a processor or aboard a
vessel will equal either the actual payment to the observer contractor
per standard observer day or the standardized cost of a standard
observer day, whichever is less.
(iii) NMFS will issue rebates authorized under this paragraph (f)
within 6 months of the receipt of the completed application form
described under paragraph (f)(3) of this section. No rebate will be
issued to a processor until all Research Plan fees required under this
section are paid.
Sec. 677.7 General prohibitions.
In addition to the general prohibitions specified in Sec. 620.7 of
this chapter, it shall be unlawful for any person to do any of the
following:
(a) Forcibly assault, resist, oppose, impede, intimidate, or
interfere with an observer.
(b) Interfere with or bias the sampling procedure employed by an
observer, including sorting or discarding any catch before sampling; or
tamper with, destroy, or discard an observer's collected samples,
equipment, records, photographic film, papers, or personal effects
without the express consent of the observer.
(c) Prohibit or bar by command, impediment, threat, coercion, or by
refusal of reasonable assistance, an observer from collecting samples,
conducting product recovery rate determinations, making observations,
or otherwise performing the observer's duties.
(d) Harass an observer by conduct that has sexual connotations, has
the purpose or effect of interfering with the observer's work
performance, or otherwise creates an intimidating, hostile, or
offensive environment. In determining whether conduct constitutes
harassment, the totality of the circumstances, including the nature of
the conduct and the context in which it occurred, will be considered.
The determination of the legality of a particular action will be made
from the facts on a case-by-case basis.
(e) Process fish from a Research Plan fishery without a valid
permit issued pursuant to this part.
(f) Deliver fish from a Research Plan fishery to a processor not
possessing a valid permit issued pursuant to this part.
(g) Apply for or receive a rebate for observer coverage under
provisions of Sec. 677.6(f) that is based on false or inaccurate
information.
(h) Fail to carry an observer when required by the Regional
Director.
(i) Fish without an observer aboard a vessel that is required to
carry an observer under Sec. 677.10.
(j) Require an observer to perform duties normally performed by
crew members, including, but not limited to, cooking, washing dishes,
standing watch, vessel maintenance, assisting with the setting or
retrieval of gear, or any duties associated with the processing of
fish, from sorting the catch to the storage of the finished product.
Sec. 677.8 Facilitation of enforcement.
See Sec. 620.8 of this chapter.
Sec. 677.9 Penalties.
See Sec. 620.9 of this chapter.
Sec. 677.10 General requirements.
(a) Compliance requirements applicable through December 31, 1995--
(1) Compliance by operators of Bering Sea and Aleutian Islands
management area and Gulf of Alaska groundfish vessels--(i) Coverage
requirements. Observer coverage is required as follows:
(A) A mothership processor vessel of any length that processes
1,000 mt or more in round weight or round-weight equivalents of
groundfish during a calendar month is required to have a NMFS-certified
observer on board the vessel each day it receives or processes
groundfish during that month.
(B) A mothership processor vessel of any length that processes from
500 mt to 1,000 mt in round weight or round-weight equivalents of
groundfish during a calendar month is required to have a NMFS-certified
observer on board the vessel at least 30 percent of the days it
receives or processes groundfish during that month.
(C) A catcher/processor or catcher vessel 125 ft (38.1 m) in length
overall or longer must carry a NMFS-certified observer at all times
while fishing for groundfish, except for vessels fishing for groundfish
with pot gear as provided in paragraph (a)(1)(i)(F) of this section.
(D) A catcher/processor or catcher vessel equal to or greater than
60 ft (18.3 m) in length overall, but less than 125 ft (38.1 m) in
length overall, must carry a NMFS-certified observer during at least 30
percent of its fishing days in each calendar quarter in which it
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 (a)(1)(ii) of this section in which it participates.
(E) A catcher/processor or catcher vessel fishing with hook-and-
line gear that is required to carry an observer under paragraph
(a)(1)(i)(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 it 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 ft (18.3 m) in 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 it participates for more than 3 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 (a)(1)(ii) of this section in which
it participates.
(ii) Groundfish fishery categories requiring separate coverage--(A)
Pollock fishery. Fishing that results in a retained catch of pollock,
during any weekly reporting period, that is greater than the retained
catch of any other groundfish species or species group that is
specified as a separate groundfish fishery under this paragraph
(a)(1)(ii).
(B) Pacific cod fishery. Fishing that results in a retained catch
of Pacific cod, during any weekly reporting period, that is greater
than the retained catch of any other groundfish species or species
group that is specified as a separate groundfish fishery under this
paragraph (a)(1)(ii).
(C) Sablefish fishery. Fishing that results in a retained catch of
sablefish, during any weekly reporting period, that is greater than the
retained catch of any other groundfish species or species group that is
specified as a separate groundfish fishery under this paragraph
(a)(1)(ii).
(D) Rockfish fishery. Fishing that results in a retained aggregate
catch of rockfish of the genera Sebastes and Sebastolobus, during any
weekly reporting period, that is greater than the retained catch of any
other groundfish species or species group that is specified as a
separate groundfish fishery under this paragraph (a)(1)(ii).
(E) Flatfish fishery. Fishing that results in a retained aggregate
catch of all flatfish species, except Pacific halibut, during any
weekly reporting period, that is greater than the retained catch of any
other groundfish species or species group that is specified as a
separate groundfish fishery under this paragraph (a)(1)(ii).
(F) Other species fishery. Fishing that results in a retained catch
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 (a)(1)(ii) (A) through (E) of this
section.
(iii) Assignment of vessels to fisheries. During any weekly
reporting period, a vessel's retained catch composition of groundfish
species or species groups for which a TAC has been specified under
Sec. 672.20 or Sec. 675.20 of this chapter, in round weight or round-
weight equivalents, will determine to which of the fishery categories
listed under paragraph (a)(1)(ii) of this section the vessel is
assigned.
(A) Catcher/processor vessels will be assigned to fishery
categories at the end of each weekly reporting period based on the
round weight or round-weight equivalent of the retained catch
composition of groundfish reported on the vessels' weekly production
report submitted to the Regional Director under Sec. 672.5(c)(2) or
Sec. 675.5(c)(2) of this chapter.
(B) Catcher vessels that deliver to mothership processors in
Federal waters during a weekly reporting period will be assigned to
fishery categories based on the round weight or round-weight equivalent
of the retained groundfish catch composition reported on the weekly
production report submitted to the Regional Director for that week by
the mothership processor under Sec. 672.5(c)(2) or Sec. 675.5(c)(2) of
this chapter.
(C) Catcher vessels delivering groundfish to shoreside processors
or to mothership processors in Alaska State waters during a weekly
reporting period will be assigned to fishery categories based on the
round-weight equivalent of the groundfish delivered to processors
during that weekly reporting period and reported on one or more ADF&G
fish tickets as required under Alaska Statutes at A.S. 16.05.690.
(2) Compliance by managers of Bering Sea and Aleutian Islands
management area and Gulf of Alaska groundfish shoreside processing
facilities--(i) Coverage requirements. Observer coverage is required as
follows:
(A) A shoreside processing facility that processes 1,000 mt or more
in round weight or round-weight equivalents of groundfish during a
calendar month is required to have a NMFS-certified observer present at
the facility each day it receives or processes groundfish during that
month.
(B) A shoreside processing facility that processes 500 mt to 1,000
mt in round weight or round-weight equivalents of groundfish during a
calendar month is required to have a NMFS-certified observer present at
the facility at least 30 percent of the days it receives or processes
groundfish during that month.
(3) Compliance by processing vessel operators of Bering Sea and
Aleutian Islands area king and Tanner crab. An operator of a vessel
that processes king or Tanner crab must have one or more State of
Alaska-certified observers on board the vessel whenever king or Tanner
crab are received or processed, if the operator is required to do so by
Alaska State regulations at 5 AAC 39.645.
(b) Compliance requirements applicable after December 31, 1995--(1)
General compliance requirements for Research Plan fisheries--(i)
Compliance by operators of Bering Sea and Aleutian Islands management
area and Gulf of Alaska groundfish vessels from the EEZ and halibut
from convention waters off Alaska. An operator of a vessel that catches
and retains groundfish or halibut, or a vessel that processes
groundfish or halibut, must carry one or more NMFS-certified observers
on board the vessel whenever fishing operations are conducted, if the
operator is required to do so by the Regional Director under paragraph
(b)(2) of this section.
(ii) Compliance by managers of shoreside processing facilities of
Bering Sea and Aleutian Islands management area and Gulf of Alaska
groundfish from the EEZ and halibut from convention waters off Alaska.
A manager of a shoreside processing facility that processes groundfish
or halibut received from vessels regulated under this part must have
one or more NMFS-certified observers present at the facility whenever
groundfish or halibut are received or processed, if the manager is
required to do so by the Regional Director under paragraph (b)(2) of
this section.
(iii) Compliance by vessel operators of Bering Sea and Aleutian
Islands area king and Tanner crab. An operator of a vessel subject to
this part must carry one or more NMFS-certified observers or ADF&G
employees on board the vessel whenever fishing or processing operations
are conducted, if the operator is required to do so by the Regional
Director under paragraph (b)(2) of this section.
(iv) Compliance by managers of shoreside processing facilities of
Bering Sea and Aleutian Islands area king and Tanner crab. A manager of
a shoreside processing facility that processes king or Tanner crab
received from vessels regulated under this part must have one or more
NMFS-certified observers, or ADF&G employees, present at the facility
whenever king or Tanner crab is received or processed, if the manager
is required to do so by the Regional Director under paragraph (b)(2) of
this section.
(2) Observer coverage for Research Plan fisheries--(i) Annual
determination of coverage level. The appropriate level of observer
coverage necessary to achieve the objectives of the Research Plan,
given the funds available from the North Pacific Fishery Observer Fund,
will be established annually under procedures in Sec. 677.11.
(ii) Inseason changes in coverage level--(A) The Regional Director
may increase or decrease the observer coverage requirements for the
groundfish, halibut, and crab observer programs at any time to improve
the accuracy, reliability, and availability of observer data, and to
ensure solvency of the observer program, so long as the standards of
section 313 of the Magnuson Act and other applicable Federal
regulations are met, and the changes are based on one or more of the
following:
(1) A finding that there has been, or is likely to be, a
significant change in fishing methods, times, or areas, or catch or
bycatch composition for a specific fishery or fleet component.
(2) A finding that such modifications are necessary to improve data
availability or quality in order to meet specific fishery management
objectives.
(3) A finding that any decrease in observer coverage resulting from
unanticipated funding shortfalls must be consistent with the following
priorities:
(i) Status of stock assessments;
(ii) Inseason management;
(iii) Bycatch monitoring; and
(iv) Vessel incentive programs and regulatory compliance.
(4) A determination that any increased costs are commensurate with
the quality and usefulness of the data to be derived from any revised
program, and are necessary to meet fishery management needs.
(iii) The Regional Director will consult with the Commissioner of
ADF&G prior to making inseason changes in observer coverage level for
the crab observer program.
(iv) NMFS will publish changes in observer coverage requirements
made under paragraph (b)(2)(ii) of this section in the Federal
Register, with the reasons for the changes and any special instructions
to vessels required to carry observers, at least 10 calendar days prior
to their implementation.
(c) Vessel responsibilities. All vessels required to carry
observers must have passed a U.S. Coast Guard safety inspection within
the past 2 years and must carry proof to that effect on board. An
operator of a vessel must:
(1) Provide, at no cost to observers, the State of Alaska, or the
United States, accommodations and food on the vessel for the observer
or observers that are equivalent to those provided for officers of the
vessel.
(2) Maintain safe conditions on the vessel for the protection of
observers during the time observers are on board the vessel, by
adhering to all U.S. Coast Guard and other applicable rules,
regulations, or statutes pertaining to safe operation of the vessel.
(3) Allow observers to use the vessel's communication equipment and
personnel, on request, for the entry, transmission, and receipt of
work-related messages, at no cost to the observers, the State of
Alaska, or the United States.
(4) Allow observers access to, and the use of, the vessel's
navigation equipment and personnel, on request, to determine the
vessel's position.
(5) Allow observers free and unobstructed access to the vessel's
bridge, trawl or working decks, holding bins, processing areas, freezer
spaces, weight scales, cargo holds, and any other space that may be
used to hold, process, weigh, or store fish or fish products at any
time.
(6) Notify observers at least 15 minutes before fish are brought on
board, or fish and fish products are transferred from the vessel, to
allow sampling the catch or observing the transfer, unless the
observers specifically request not to be notified.
(7) Allow observers to inspect and copy the vessel's daily fishing
logbook, daily cumulative production logbook, transfer logbook, any
other logbook or document required by regulations, printouts or tallies
of scale weights, scale calibration records, bin sensor readouts, and
production records.
(8) Provide all other reasonable assistance to enable observers to
carry out their duties, including, but not limited to, assisting the
observers in measuring decks, codends, and holding bins; providing the
observers with a safe work area adjacent to the sample collection site;
providing crab observers with the necessary equipment to conduct
sampling, such as scales, fish totes, and baskets; assisting in
collecting bycatch when requested by the observers; assisting in
collecting and carrying baskets of fish when requested by observers;
and allowing observers to determine the sex of fish when this procedure
will not decrease the value of a significant portion of the catch.
(9) Move the vessel to such places and at such times as may be
designated by the contractor, as instructed by the Regional Director,
for purposes of embarking and debarking observers.
(10) Ensure that transfers of observers at sea via small boat or
raft are carried out during daylight hours, under safe conditions, and
with the agreement of observers involved.
(11) Notify observers at least 3 hours before observers are
transferred, such that the observers can collect personal belongings,
equipment, and scientific samples.
(12) Provide a safe pilot ladder and conduct the transfer to ensure
the safety of observers during transfers.
(13) Provide an experienced crew member to assist observers in the
small boat or raft in which any transfer is made.
(d) Shoreside processor responsibilities. A manager of a shoreside
processing facility must:
(1) Maintain safe conditions at the processing facility for the
protection of observers by adhering to all applicable rules,
regulations, or statutes pertaining to safe operation and maintenance
of the processing facility.
(2) Notify the observers, as requested, of the planned facility
operations and expected receipt of groundfish, crab, or halibut prior
to receipt of those fish.
(3) Allow the observers to use the processing facility's
communication equipment, on request, for the entry, transmission, and
receipt of work-related messages at no cost to the observers or the
United States.
(4) Allow observers free and unobstructed access to the processing
facility's holding bins, processing areas, freezer spaces, weight
scales, warehouses, and any other space that may be used to hold,
process, weigh, or store fish or fish products at any time.
(5) Allow observers to inspect and copy the shoreside processing
facility's daily cumulative production logbook, transfer logbook, any
other logbook or document required by regulations; printouts or tallies
of scale weights; scale calibration records; bin sensor readouts; and
production records.
(6) Provide all other reasonable assistance to enable the observer
to carry out his or her duties, including, but not limited to,
assisting the observer in moving and weighing totes of fish,
cooperating with product recovery tests, and providing a secure place
to store baskets of sampling gear.
(e) Notification of observer contractors by processors and
operators of vessels required to carry observers. Processors and
operators of vessels required to carry observers under the Research
Plan are responsible for meeting their observer coverage requirements.
Processors and vessel operators must notify the appropriate observer
contractor, as identified by NMFS, in writing or facsimile copy, no
less than 60 days prior to the need for an observer, to ensure that an
observer will be available. Processors and vessel operators must notify
the appropriate observer contractor again, in writing, facsimile copy,
or by telephone, no less than 10 days prior to the need for an
observer, to make final arrangements for observer deployment. Names of
observer contractors, information for contacting contractors, and a
list of embarkment/disembarkment ports for observers will be published
in the Federal Register annually prior to the beginning of the calendar
year (see Sec. 677.11).
(f) Release of observer data to the public--(1) The following
information collected by observers for each catcher processor and
catcher vessel during any weekly reporting period may be made available
to the public:
(i) Vessel name and Federal permit number;
(ii) Number of chinook salmon and ``other salmon'' observed;
(iii) The ratio of total round weight of halibut or Pacific herring
to the total round weight of groundfish in sampled catch;
(iv) The ratio of number of king crab or C. bairdi Tanner crab to
the total round weight of groundfish in sampled hauls;
(v) The number of observed trawl hauls or fixed gear sets;
(vi) The number of trawl hauls that were basket sampled; and
(vii) The total weight of basket samples taken from sampled trawl
hauls.
(2) The information listed in paragraphs (f)(2) (i) through (xiii)
of this section and collected by observers from observed hauls onboard
vessels using trawl gear to participate in a directed fishery for
groundfish other than rockfish, Greenland turbot, or Atka mackerel may
be made available to the public. The identity of the vessels from which
these data are collected will not be released. The information consists
of the following:
(i) Date;
(ii) Time of day gear is deployed;
(iii) Latitude and longitude at beginning of haul;
(iv) Bottom depth;
(v) Fishing depth of trawl;
(vi) The ratio of the number of chinook salmon to the total round
weight of groundfish;
(vii) The ratio of the number of other salmon to the total round
weight of groundfish;
(viii) The ratio of total round weight of halibut to the total
round weight of groundfish;
(ix) The ratio of total round weight of herring to the total round
weight of groundfish;
(x) The ratio of the number of king crab to the total round weight
of groundfish;
(xi) The ratio of the number of C. bairdi Tanner crab to the total
round weight of groundfish;
(xii) Sea surface temperature (where available); and
(xiii) Sea temperature at fishing depth of trawl (where available).
(3) In exceptional circumstances, the owners and operators of
vessels may provide to the Regional Director written justification at
the time observer data are submitted, or within a reasonable time
thereafter, that disclosure of the information listed in paragraphs (f)
(1) and (2) of this section could reasonably be expected to cause
substantial competitive harm. The determination whether to disclose the
information will be made pursuant to 15 CFR 4.7.
Sec. 677.11 Annual Research Plan specifications.
(a) Proposed Research Plan specifications. Annually, after
consultation between the Regional Director, the Council, and, in the
case of observer coverage levels in the crab fisheries, the State of
Alaska, NMFS will publish in the Federal Register, with opportunity for
public comment: Proposed standard exvessel prices, total exvessel
value, fee percentage, levels of observer coverage for Research Plan
fisheries, standardized cost(s) of an observer day, and embarkment/
disembarkment ports for observers, for the calendar year.
(1) Standard exvessel prices. Standard exvessel prices will be used
in determining the annual fee percentage for the calendar year and will
be the basis for calculating bimonthly fee assessments. Standard
exvessel prices for species harvested in Research Plan fisheries for
each calendar year will be based on:
(i) Exvessel price information for the most recent 12-month period
for which data are available;
(ii) Factors that are expected to change exvessel prices in the
calendar year; and
(iii) Any other relevant information that may affect expected
exvessel prices during the calendar year.
(2) Total exvessel value. The total exvessel value of Research Plan
fisheries will be calculated as the sum of the product of the standard
exvessel prices established under paragraph (a)(1) of this section and
projected retained catches, by species.
(3) Research Plan fee percentage. The Research Plan fee percentage
for a calendar year will equal the lesser of 2 percent of the exvessel
value of retained catch in the Research Plan fisheries or the fee
percentage calculated using the following equation:
Fee percentage=[100x(RRPC-FB-OF)/V]/(1-NPR)
where RRPC is the projection of recoverable Research Plan costs for
the coming year, FB is the projected end of the year balance of
funds collected under the Research Plan, OF is the projection of
other funding for the coming year, V is the projected exvessel value
of retained catch in the Research Plan fisheries for the coming
year, and NPR is the percent (expressed as a decimal) of fee
assessments that are expected to result in nonpayment.
(4) Observer coverage. For the period January 1, 1995, through
December 31, 1995, observer coverage levels in Research Plan fisheries
will be as required by Sec. 677.10(a). After December 31, 1995, the
level of observer coverage will be determined annually by NMFS, after
consultation with the Council and State of Alaska, and may vary by
fishery and vessel or processor size, depending upon the objectives to
be met for the groundfish, halibut, and king and Tanner crab fisheries.
The Regional Director may change observer coverage inseason pursuant to
Sec. 677.10(b)(2)(ii).
(5) Standardized cost of an observer day. Standardized cost of an
observer day is used to determine the Research Plan fee percentage.
During the first year of the Research Plan, NMFS will use standardized
cost(s) of an observer day, specified under paragraph (b) of this
section, as a basis for rebates issued under Sec. 677.6(f) of this
part.
(6) Embarkment/disembarkment ports. Ports to be used to embark and
disembark observers will be selected on the basis of convenience to the
affected industry and on the availability of facilities,
transportation, and accommodations deemed by the Regional Director to
be necessary for the safe and reasonable deployment of observers.
(b) Final Research Plan specifications. NMFS will consider comments
received on the proposed specifications and, following consultation
with the Council, and with the State, in the case of observer coverage
in the crab fisheries, will publish the final total exvessel value;
standard exvessel prices; fee percentage; levels of observer coverage
for Research Plan fisheries, including names of observer contractors
and information for contacting them; standardized cost(s) of an
observer day; and embarkment/disembarkment ports in the Federal
Register annually prior to the beginning of the calendar year.
Sec. 677.12 Compliance.
The operator of any fishing vessel subject to this part, and the
manager of any shoreside processing facility that receives groundfish,
halibut, or king and Tanner crab from vessels subject to this part,
must comply with the requirements of this part. The owner of any
fishing vessel subject to this part, or any shoreside processing
facility that received groundfish, halibut, or king and Tanner crab
from vessels subject to this part, must ensure that the operator or
manager complies with the requirements of this part and is liable,
either individually or jointly and severally, for compliance with the
requirements of this part.
Subpart B--General Provisions of Risk Sharing Pool for Insurance
Purposes [Reserved]
BILLING CODE 3510-22-P
Figure 1. Federal Processing Permit Application (Form FPP-1)
TP06MY94.003
TP06MY94.004
Figure 2. Observer Coverage Rebate Application (Form FPP-2)
TP06MY94.005
BILLING CODE 3510-22-C
Public Reporting Burden Statement
NMFS estimates that the public reporting burden will average 10
minutes per response for completing the Observer Coverage Rebate
Application, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments
regarding these burden estimates or any other aspect of the data
requirements, including suggestions for reducing the burden, to Ronald
J. Berg, Chief, Fisheries Management Division, Alaska Region, National
Marine Fisheries Service, P.O. Box 21668, Juneau, AK 99802 (Attn: Lori
Gravel), and to the Office of Management and Budget, Paperwork
Reduction Project (0634- ), Washington DC 20503 (Attn: NOAA Desk
Officer)
[FR Doc. 94-10765 Filed 5-5-94; 8:45 am]
BILLING CODE 3510-22-P
