[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Proposed Rules]
[Pages 15019-15021]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6197]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
RIN 0648-BB42
Groundfish Fisheries of the Exclusive Economic Zone Off Alaska
and Pacific Halibut Fisheries; Observer Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of availability of fishery management plan
amendment; request for comments.
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SUMMARY: The North Pacific Fishery Management Council submitted
Amendment 86 to the Fishery Management Plan (FMP) for Groundfish of the
Bering Sea and Aleutian Islands Management Area (BSAI) and Amendment 76
to the FMP for Groundfish of the Gulf of Alaska (GOA), (collectively
referred to as the FMPs) to NMFS for review. If approved, Amendments 86
and 76 would add a funding and deployment system for observer coverage
to the existing North Pacific Groundfish Observer Program (Observer
Program) and amend existing observer coverage requirements for vessels
and processing plants at 50 CFR 679.50. The new funding and deployment
system would allow NMFS to determine when and where to deploy observers
according to management and conservation needs, with funds provided
through a system of fees based on the ex-vessel value of groundfish and
halibut in fisheries covered by the new system. This action is
necessary to resolve data quality and cost equity concerns with the
Observer Program's existing funding and deployment structure. This
action is intended to promote the goals and objectives of the Magnuson-
Stevens Fishery Conservation and Management Act (MSA), the FMPs, and
other applicable law.
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DATES: Comments on Amendments 86 and 76 must be received by May 14,
2012.
ADDRESSES: You may submit comments, identified by FDMS Docket Number
NOAA-NMFS-2011-0210, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal http://www.regulations.gov.
To submit comments via the e-Rulemaking Portal, first click the
``Submit a Comment'' icon, then enter NOAA-NMFS-2011-0210 in the
keyword search. Locate the document you wish to comment on from the
resulting list and click on the ``Submit a Comment'' icon on that line.
Mail: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau,
AK 99802-1668.
Fax: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Fax comments to (907) 586-7557.
Hand delivery to the Federal Building: Address written
comments to Glenn Merrill, Assistant Regional Administrator,
Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen
Sebastian. Deliver comments to 709 West 9th Street, Room 420A, Juneau,
AK.
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All Personal Identifying
Information (for example, name, address) voluntarily submitted by the
commenter will be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
Electronic copies of Amendment 86 to the FMP for Groundfish of the
BSAI and Amendment 76 to the FMP for Groundfish of the GOA, and the
Environmental Assessment/Regulatory Impact Review/Initial Regulatory
Flexibility Analysis (EA/RIR/IRFA) prepared for this action may be
obtained from http://www.regulations.gov or from the NMFS Alaska Region
Web site at http://alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Brandee Gerke, 907-586-7228.
SUPPLEMENTARY INFORMATION: The MSA requires that each regional fishery
management council submit any fishery management plan amendment it
prepares to NMFS for review and approval, disapproval, or partial
approval by the Secretary of Commerce (Secretary). The MSA also
requires that NMFS, upon receiving an FMP amendment, immediately
publish a notice in the Federal Register announcing that the amendment
is available for public review and comment. This notice announces that
proposed Amendment 86 to the FMP for Groundfish of the BSAI and
proposed Amendment 76 to the FMP for Groundfish of the GOA are
available for public review and comment.
Amendments 86 and 76 were unanimously adopted by the North Pacific
Fishery Management Council in October 2010. If approved by the
Secretary, these amendments would add a funding and deployment system
for observer coverage to the existing Observer Program and amend
existing observer coverage requirements for vessels and processing
plants at 50 CFR 679.50. The new funding and deployment system would
allow NMFS to determine when and where to deploy observers according to
management and conservation needs, with funds provided through a system
of fees based on the ex-vessel value of groundfish and halibut in
fisheries covered by the new system. These amendments would also add
groundfish vessels less than 60 ft. in length and halibut vessels to
the Observer Program. Although the North Pacific halibut fisheries are
not subject to the amendments, section 313 of the MSA authorizes their
inclusion in the new funding and deployment system.
The proposed amendments would divide the existing Observer Program
into two observer coverage categories--partial and full. Operations
with less than 100 percent observer coverage requirements would be in
the partial observer coverage category and operations required to have
100 percent of their operations observer would be in the full observer
coverage category. Operations in the full coverage category would
continue to contract directly with observer providers to meet their
required observer coverage within the existing framework where they pay
their actual observer costs directly to the provider. With limited
exceptions for operations with minimal processing history, all vessels
designated as catcher/processors and motherships would be in the full
coverage category. Catcher vessels would be in the full coverage
category while participating in pollock fisheries in the Bering Sea and
Rockfish Program fisheries in the GOA. Shoreside processors and
stationary floating processors would be in the full coverage category
only while participating in Bering Sea pollock fisheries where
observers conduct a full census of incidentally-caught Chinook salmon.
The partial coverage category would comprise the restructured
funding and deployment system. All catcher vessels fishing for halibut
with hook-and-line gear or directed fishing for groundfish would be
included in the partial coverage category; except for catcher vessels
directed fishing for Bering Sea pollock or participating in the Gulf of
Alaska Rockfish Program. All shoreside processors and stationary
floating processors would be in the partial coverage category except
for processors receiving Bering Sea pollock deliveries. A small number
of catcher/processors with a history of minor processing would also be
included in the partial coverage category. Operations in the partial
coverage category would pay an ex-vessel value-based fee to NMFS, which
would be used to fund direct contracts between NMFS and an observer
provider(s) to deploy observers in the partial coverage category
according to a randomized design. Annually NMFS would release a
Deployment Plan outlining the sample design and vessel selection
probabilities for the upcoming fishing year. The objective of the
randomized sample design is to collect statistically reliable estimates
of total catch and catch composition in the partial coverage category
fisheries.
The Observer Program has provided the best available scientific
information for managing North Pacific groundfish fisheries and
developing measures to minimize bycatch in furtherance of the purposes
and national standards of the MSA since 1991. However, the quality and
utility of observer-collected data are deficient due to the current
structure of procuring and deploying observers in fisheries with less
than 100 percent observer coverage requirements. Under the current
program, coverage requirements vary according to vessel length or the
quantity of fish processed, and vessels less than 60 ft. length overall
(LOA) and vessels fishing for
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halibut are exempt from coverage. A vessel equal to or greater than 60
ft. LOA, but less than 125 ft. LOA must carry an observer during at
least 30 percent of its fishing days in a calendar quarter (30 percent
coverage). Vessel owners and operators in the 30 percent coverage
category choose when to carry observers, which statistically bias
estimates of catch and bycatch.
Under the current program, owners of smaller vessels pay observer
costs that are disproportionately high relative to their gross
earnings. Operators of vessels with no observer coverage requirements
do not contribute to the cost of observer coverage, though they benefit
from management based on the observer-data collected. Amendments 86 and
76 would resolve the data quality and cost equity concerns with the
existing funding and deployment structure for observers in fisheries
with less than 100 percent coverage requirements.
Public comments are being solicited on proposed Amendments 86 and
76 to the FMPs through the end of the comment period (see DATES). NMFS
intends to publish in the Federal Register and seek public comment on a
proposed rule that would implement Amendments 86 and 76, following
NMFS's evaluation of the proposed rule under the MSA. Public comments
on the proposed rule must be received by the end of the comment period
on Amendments 86 and 76 to be considered in the approval/disapproval
decision on Amendments 86 and 76. All comments received by the end of
the comment period on Amendments 86 and 76, whether specifically
directed to the FMPs or to the proposed rule, will be considered in the
approval/disapproval decision on the amendments. To be considered,
comments must be received, not just postmarked or otherwise
transmitted, by 1700 hours Alaska local time on the last day of the
comment period.
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447.
Dated: March 9, 2012.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-6197 Filed 3-13-12; 8:45 am]
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