Groundfish of the Bering Sea and Aleutian Islands Area

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 675

[Docket No. 90899-0015; I.D. 120893B]

Groundfish of the Bering Sea and Aleutian Islands Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Change in observer coverage.

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SUMMARY: NMFS requires the operators of catcher or processor vessels

equal to or greater than 60 feet (18.3 m) length overall (LOA) and less

than 125 feet (38.1) LOA to have a NMFS-certified observer on board the

vessel each day it is used to participate in a directed fishery for

groundfish in statistical area 517 during the period that the 1994

directed fishery is open for Pacific cod in the Bering Sea and Aleutian

Islands management area (BSAI). This action is necessary to collect

further information on prohibited species bycatch rates experienced by

vessels fishing in this area for purposes of assessing current and

future bycatch management measures. It is intended to carry out the

goals and objectives of the Fishery Management Plan for the Groundfish

Fishery of the BSAI (FMP).

EFFECTIVE DATE: 12 noon, Alaska local time (A.l.t.), January 13, 1994,

until 12 midnight, A.l.t., December 31, 1994.

FOR FURTHER INFORMATION CONTACT:

Ellen R. Varosi, Fishery Biologist, Fisheries Management Division,

Alaska Region, NMFS, (907) 586-7228.

SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI exclusive

economic zone is managed by the Secretary of Commerce according to the

FMP prepared by the North Pacific Fishery Management Council (Council)

under authority of the Magnuson Fishery Conservation and Management

Act. Fishing by U.S. vessels is governed by regulations implementing

the FMP at 50 CFR parts 620 and 675.

At its September 1993 meeting, the Council recommended that the

Director of the Alaska Region, NMFS (Regional Director), require an

increase in observer coverage for catcher or processor vessels, as

defined in Sec. 675.2, equal to or greater than 60 feet (18.3 m) length

overall (LOA) and less than 125 feet (38.1 m) LOA that are used to

participate in a directed fishery for groundfish in statistical area

517 during the period that the 1994 directed fishery is open for

Pacific cod in the BSAI management area (BSAI). NMFS published the

Council's recommended change in observer coverage requirements in the

Federal Register (58 FR 65574, December 15, 1993) for public review and

comment. The comment period ended on December 27, 1993, and no comments

were received. Upon reviewing the reasons for the recommended change in

observer coverage requirements, the Regional Director has determined

that this action is necessary for fishery conservation and management

and implements the Council's recommendation of observer coverage

requirements. Therefore, the operators of catcher or processor vessels

equal to or greater than 60 feet (18.3 m) length overall (LOA) and less

than 125 feet (38.1 m) LOA must have a NMFS-certified observer on board

the vessel each day that it is used to participate in a directed

fishery for groundfish in statistical area 517 during the period that

the 1994 directed fishery is open for Pacific cod in the BSAI. Catcher

vessels only delivering unsorted cod-ends are exempt from this

increased observer coverage requirement. Requirements for observer

coverage are contained in Sec. 675.25. This action implements a change

in those coverage requirements as authorized under Sec. 675.25(c)(1)(i)

and is necessary to effectively monitor prohibited species bycatch

rates experienced by vessels in the 60 (18.3 m) through 124 feet (37.8

m) LOA category and to identify specific locations with high bycatch

rates in statistical area 517. This information will be used to help

assess future management bycatch measures.

Further explanation of the reasons for this change in observer

coverage requirements are contained in the December 15, 1993, Federal

Register notice.

Classification

This action is taken under 50 CFR 675.25.

The Assistant Administrator for Fisheries, NOAA (AA), has

determined, under section 553(d) (3) of the Administrative Procedure

Act, that good cause exists for waiving the 30-day delayed

effectiveness period for this action. The directed fishery for Pacific

cod using hook-and-line gear began on January 1 and the trawl fishery

begins on January 20, 1994. The objectives for increased observer

coverage for vessels equal to or greater than 60 feet LOA will be

jeopardized if a delay in the effective date exceeds the opening dates

for the 1994 Pacific cod fisheries. Additional coverage is necessary

during this period to collect more comprehensive data on prohibited

species bycatch rates experienced by the small boat fleet. This

information will be used to help assess future bycatch management

measures, and to identify specific areas with high bycatch rates in

statistical area 517. Therefore, the AA is waiving the 30-day delayed

effectiveness period for these changes to observer coverage

requirements.

List of Subjects in 50 CFR Part 675

Fisheries, Reporting and recordkeeping requirements.

Authority: 16 U.S.C. 1801 et seq.

Dated: January 13, 1994.

David S. Crestin,

Acting Director, Office of Fisheries Conservation and Management,

National Marine Fisheries Service.

[FR Doc. 94-1268 Filed 1-13-94; 2:38 pm]

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