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. 012494A]

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; suspension of effectiveness.

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SUMMARY: On January 20, 1994, NMFS published a change in observer

coverage for certain participants in the groundfish fishery of the

Bering Sea and Aleutian Islands (BSAI). NMFS is suspending until

February 13, 1994, the effectiveness of the requirement for 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 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 BSAI management area. This action is necessary to

provide adequate time for operators of catcher or processor vessels to

comply with the new observer requirements.

EFFECTIVE DATE: Effective January 25, 1994, the effectiveness of the

observer coverage requirements published January 20, 1994, at 59 FR

3000 is suspended until 12 noon, Alaska local time (A.l.t.), February

13, 1994, and expires 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: NMFS published a notice in the Federal

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

that proposed a change in 1994 observer coverage requirements for

vessels participating in a directed fishery for groundfish in

statistical area 517 in the BSAI management area. A rule document

implementing this action became effective January 13, 1994, the date of

filing with the Office of the Federal Register (59 FR 3000, January 20,

1994). This action requires operators of catcher or processor vessels

equal to or greater than 60 feet (18.3 m) LOA and less than 125 feet

(38.1 m) LOA to 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. Reasons for this action are set forth

in the proposed and final Federal Register rule documents.

The 30-day delayed effectiveness period under section 553(d)(3) of

the Administrative Procedure Act was waived for reasons contained in

the final rule document implementing the change in observer coverage.

NMFS has determined that not all vessel operators had sufficient notice

of the change in observer coverage requirements to obtain a NMFS-

certified observer prior to the January 13, 1994, effective date.

Therefore, NMFS is suspending the effectiveness of the requirement

until 12 noon A.l.t., February 13, 1994.

Classification

This action is taken under 50 CFR 675.25 and is in compliance with

E.O. 12866. Because this action is required to provide relief to vessel

owners who otherwise would be unable to comply with observer coverage

requirements, it is unnecessary and not in the public interest to

provide prior public comment under 5 U.S.C. 553(b)(3). Also, because

this action temporarily relieves a restriction, it is being made

effective immediately without a 30-day delay in effectiveness under 5

U.S.C. 553(d)(1).

List of Subjects in 50 CFR Part 675

Fisheries, Recordkeeping and reporting requirements.

Dated: January 25, 1994.

David S. Crestin,

Acting Director, Office of Fisheries Conservation and Management,

National Marine Fisheries Service.

[FR Doc. 94-1872 Filed 1-25-94; 2:15 pm]

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