North Pacific Fisheries Research Plan

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