[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Rules and Regulations]
[Pages 48054-48055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23033]
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DEPARTMENT OF COMMERCE
50 CFR Part 675
RIN 0648-AH69
[Docket No. 950414105-5227-03;I.D. 082495D]
Groundfish of the Bering Sea and Aleutian Islands; Observer
Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Atmospheric
and Oceanic Administration (NOAA), Commerce.
ACTION: Final rule; technical amendment.
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SUMMARY: NMFS issues a technical amendment to the final rule
implementing Amendment 35 to the Fishery Management Plan for the
Groundfish Fishery of the Bering Sea and Aleutian Islands (FMP). This
action clarifies observer coverage requirements established for
shoreside processing facilities and mothership processor vessels during
the second pollock season.
EFFECTIVE DATE: September 18, 1995.
FOR FURTHER INFORMATION CONTACT: Kaja Brix, 907-586-7228.
SUPPLEMENTARY INFORMATION: The final rule implementing Amendment 35 to
the FMP was published in the Federal Register on July 5, 1995 (60 FR
34904). The preamble to that rule explains that regulatory amendments
were implemented that ``would increase 1995 observer coverage for
mothership processor vessels and for some shoreside processors
receiving pollock harvested in the catcher vessel operational area
(CVOA)* * *.'' This technical amendment clarifies the regulatory
language of that final rule to more accurately reflect the original
purpose and intent of that rule.
The final rule requires a second NMFS-certified observer for
mothership processor vessels and certain shoreside processing
facilities during the second pollock season, which begins August 15.
The intent of the rule is to ensure that processors receiving pollock
harvested from the CVOA have adequate observer coverage in order to
count accurately the number of nonchinook salmon taken as bycatch in
the pollock fishery. Amendment 35 established a bycatch limit of 42,000
nonchinook salmon for the second pollock season.
The preamble to the final rule explains that shoreside processing
plants that ``receive pollock harvested from the CVOA during the 1995
nonroe season and that offload fish at two locations on the same dock
and have distinct and separate equipment to process those fish will
also be required to have an extra observer'' (60 FR 34905). A second
observer is necessary because of the large volume of pollock that could
be offloaded at these facilities and the additional time required by
observers to count salmon bycatch. While the regulation uses the term
``fish,'' the intent was to require an additional observer only for
those shoreside processors that offload and process pollock at more
than one location.
NMFS is clarifying the regulation at Sec. 675.25(b)(2) by changing
the word ``fish'' in Sec. 675.25(b)(2) to ``pollock.'' Thus, it will
now be clear that two observers are required only at facilities that
meet all three of the following criteria: (1) Receive pollock harvested
by catcher vessels in the CVOA during the second pollock season, (2)
offload pollock at more than one location on the same dock of that
facility, and (3) have distinct and separate equipment at each location
to process those pollock. Regulations at Sec. 675.25(b)(1) also require
an additional observer on mothership processor vessels that receive
pollock from catcher vessels harvesting in the CVOA during the second
pollock season. The second observer at shoreside processor facilities
and on mothership processor vessels is required until the chum salmon
savings area (CSSA) is closed due to attainment of the 42,000
nonchinook bycatch limit. The intent of the regulation is to have the
additional observer present at the processor to count the salmon to be
counted toward the salmon bycatch limit.
Under the final rule, salmon bycatch during the second pollock
season is counted through October 14 or until the bycatch limit is
reached, whichever occurs first. The additional observer is not
necessary once the bycatch limit is reached or after October 14. NMFS
is clarifying the intent of the regulations to require the additional
observer to be present until either the CSSA is closed (i.e., the
bycatch limit has been reached) or October 15, whichever occurs first.
[[Page 48055]]
Classification
This technical amendment clarifies the regulations requiring
observer coverage in shoreside processing facilities and on mothership
processor vessels and relieves a regulatory restriction. The
requirement for additional observers to monitor the offloading or
processing of fish other than pollock during the second pollock season
does not provide accurate salmon bycatch data for the pollock fishery
and does not provide any other significant benefits. Similarly,
additional observers are not needed once the nonchinook bycatch limit
has been reached. These requirements impose a burden that is
unnecessary and additional delay in removing that requirement would
result in additional observer expense without providing any significant
public benefit. Consequently, the Assistant Administrator for
Fisheries, NOAA, finds that there is good cause to waive prior notice
and opportunity to comment on this action. Because this action relieves
a restriction, under U.S.C. 533(d)(1), a delay in the effective date is
not necessary.
This rule is exempt from procedures of the Regulatory Flexibility
Act to prepare a regulatory flexibility analysis because the rule is
issued without opportunity for prior public comment. No analysis has
been prepared.
This rule is exempt from review under E.O. 12866.
List of Subjects in 50 CFR Part 675
Fisheries, Reporting and recordkeeping requirements.
Dated: September 11, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For reasons set out in the preamble 50 CFR part 675 is amended to
read as follows:
PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA
1. The authority citation for part 675 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 675.25, paragraph (b) is revised to read as follows:
Sec. 675.25 Observer requirements.
* * * * *
(b) Additional observer coverage requirements applicable through
December 31. 1995. (1) Each mothership processor vessel that receives
pollock harvested by catcher vessels in the catcher vessel operational
area, defined at Sec. 675.22(g), during the second pollock season that
starts on August 15 under Sec. 675.23(e), is required to have a second
NMFS-certified observer aboard, in addition to the observer required
under Sec. 677.10(a)(1)(i) of this chapter, for each day of the second
pollock season until the chum salmon savings area is closed under
Sec. 675.22(h)(2) or October 15, whichever occurs first.
(2) Each shoreside processor that offloads pollock at more than one
location on the same dock and has distinct and separate equipment at
each location to process those pollock and that receives pollock
harvested by catcher vessels in the catcher vessel operational area,
defined at Sec. 675.22(g), during the second pollock season that starts
on August 15, under Sec. 675.23(e), is required to have a NMFS-
certified observer, in addition to the observer required under
Sec. 677.10(a)(1)(i) of this chapter, at each location where pollock is
offloaded, for each day of the second pollock season until the chum
salmon savings area is closed under Sec. 675.22(h)(2) of this chapter,
or until October 15, whichever occurs first.
[FR Doc. 95-23033 Filed 9-15-95; 8:45 am]
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