Fisheries of the Exclusive Economic Zone off Alaska; Inseason Adjustment to Required Observer Coverage

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 980826225-8296-02; I.D. 100499B]

Fisheries of the Exclusive Economic Zone off Alaska; Inseason

Adjustment to Required Observer Coverage

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Inseason adjustment; request for comments.

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SUMMARY: NMFS issues an interim inseason adjustment to observer

coverage requirements for owners/operators of vessels used to

participate in the North Pacific groundfish fisheries and that are

required to have observers onboard their vessels 30 percent of the

vessel's fishing days. This adjustment is necessary to respond to an

unanticipated increase in the demand for observers and to avoid

jeopardizing the amount and quality of observer data used by NMFS to

manage the groundfish fisheries.

DATES: This adjustment is effective from October 8, 1999 through

December 31, 1999. Comments must be received at the following address

no later than 4:30 p.m., A.l.t., October 29, 1999.

ADDRESSES: Comments may be mailed to Sue Salveson, Assistant Regional

Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,

P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel. Hand delivery

or courier delivery of comments may be sent to the Federal Building,

709 West 9th Street, Room 453, Juneau, AK 99801.

FOR FURTHER INFORMATION CONTACT: Sue Salveson, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the North Pacific groundfish

fisheries in Federal waters off Alaska according to the Fishery

Management Plan for Groundfish of the Gulf of Alaska and the Fishery

Management Plan for the Groundfish Fishery of the Bering Sea and

Aleutians Islands Area (FMPs). The North Pacific Fishery Management

Council, under authority of the Magnuson-Stevens Fishery Conservation

and Management Act, prepared both FMPs. Regulations governing fishing

by U.S. vessels in accordance with the FMPs appear at subpart H of 50

CFR part 600 and 50 CFR part 679.

Observer coverage regulations at Sec. 679.50(c)(1)(v)-(vii) require

certain vessels to carry a NMFS-certified observer on board for 30-

percent of the vessels' fishing days in each quarter of the year.

Recent unanticipated events have increased industry demands for

observer coverage, resulting in a shortage of observers necessary to

meet regulatory requirements. According to observer contractors, the

current shortage of observers can be attributed to several factors,

including increased demand for observer coverage as a result of Alaska

State Board of Fisheries actions affecting participation criteria in

the Bristol Bay red king crab fishery and increased participation in

the Pacific cod pot gear fishery by vessels primarily used to fish for

crab due to unanticipated closures of several crab fisheries.

Insufficient observer availability generally affects the 30-percent

vessels to a greater degree than vessels that are required to have an

observer onboard at all times because (1) the number of 30-percent

vessels is greater than the number of 100-percent vessels, (2) observer

contractors generally have long-standing contracts with 100-percent

vessels that are more amenable to long-range planning and deployment of

observers, and (3) many 30-percent vessels are diversified into non-

groundfish fisheries and operational planning and coordination with

contractors for NMFS-certified observers often is on short notice due

to the inseason uncertainty of when different fisheries will open or

close.

The recent management actions and observer related qualifying

criteria associated with the State-managed crab fisheries have resulted

in a significant change in the interest of crab fishermen to

participate in the 1999 Pacific cod fishery and have created an

unprecedented demand for groundfish observers. The resultant shortage

of observers to meet this increased demand has affected the short-term

ability of contractors to meet industry observer needs, primarily for

30-percent vessels. NMFS believes that this situation jeopardizes

observer data availability for the 30-percent fleet by forcing some

fishermen to choose between foregoing participation in fisheries in a

manner that threatens business solvency and fishing without required

observer coverage in a manner that undermines the quality of

information NMFS requires to manage the groundfish fisheries.

Therefore, in accordance with Sec. 679.50(e), the Administrator,

Alaska Region, NMFS (Regional Administrator), adjusts existing observer

coverage requirements set out at Sec. 679.50(c)(v)-(vii), which are

based on a calender quarter compliance period, to be based on a 6-month

compliance period during the period of July 1, 1999, through December

31, 1999. The Regional Administrator takes this action based on his

finding that the recent and unanticipated increase in the demand for

observer services and the concurrent shortage of observers to meet this

demand could jeopardize compliance with observer coverage requirements

and negatively affect the quality of the data NMFS depends on to manage

the groundfish fisheries. This adjustment allows owners/operators of

vessels required to have 30-percent observer coverage (i.e., vessels

are used to participate for more than 3 fishing days in a directed

fishery for groundfish in a calendar quarter during the last half of

1999) to satisfy the coverage requirements at Sec. 679.50(c)(v)-(vii)

at any time during this 6-month period instead of being constrained to

meet these coverage requirements on a quarterly basis. NMFS anticipates

that this short-term adjustment will provide vessel owners/operators

who require 30-percent coverage more flexibility in coordinating with

observer contractor companies to obtain required observer coverage.

While the overall level of current observer coverage will not decrease

as a result of this adjustment, the adjustment could reduce the amount

of observer data collected during the third calendar quarter of 1999

and potentially increase the amount collected during the final quarter

of 1999. The impacts of this redistribution of coverage are not known,

but are not believed to be significant relative to the benefits of

encouraging compliance with the regulatory framework on which NMFS'

data requirements are based.

NMFS-certified observer contractors assert that the existing

shortage of observers will be alleviated after the first half of

October 1999 because State of Alaska induced observer coverage

requirements will expire on October 15, when the Bristol Bay red king

crab fishery opens; fishermen will have had additional time to

coordinate with contractors for required coverage; and the overall

demand for observers is expected to diminish with anticipated closures

of the inshore and offshore pollock fisheries. Therefore, this short-

term adjustment terminates at 0001 hours A.l.t. on January 1, 2000, at

which time all vessels will again be required to meet the requirements

of Sec. 679.50(c)(v)-(vii) on a quarterly basis.

[[Page 55635]]

Classification

The Assistant Administrator for Fisheries, NOAA, finds for

good cause that providing prior notice and public comment or

delaying the effective date of this action is impracticable and

contrary to the public interest. Without this interim adjustment, NMFS

anticipates increased noncompliance with observer coverage requirements

and an overall reduction in the level and quality of observer data

collected during the last half of 1999. This impact is undesirable and

potentially detrimental to the management of the North Pacific

groundfish fisheries. Further, the interim adjustment relieves a

restriction on affected industry members and provides a reasonable

opportunity for fishermen to coordinate with observer contractors to

obtain the required coverage during a 6 month period instead of within

a calendar quarter. Under Secs. 679.50(e) and 679.25(c)(2), interested

persons are invited to submit written comments on this action to the

above address until October 29, 1999.

This action is authorized by Secs. 679.50 and 679.25 and is exempt

from review under E.O. 12866.

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

Dated: October 7, 1999.

Bruce C. Morehead,

Acting Director, Office of Sustainable Fisheries, National Marine

Fisheries Service.

[FR Doc. 99-26811 Filed 10-8-99; 4:56 pm]

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