Purpose and Need

In December 1989, BSAI Amendment 13 and GOA Amendment 18 authorized a comprehensive observer program for U.S. fisheries. To fulfill the objectives of Amendments 13 and 18, the Council and NMFS developed the North Pacific Fisheries Research Plan (Research Plan), which required observers to be stationed on certain groundfish vessels and established a fee structure to fund the observer program. The Research Plan was partially implemented in 1994 and minor changes were made in 1995. However, the Council was reluctant to fully implement the Research Plan until they had more time to reconsider the changes and requested additional time to analyze the effects of fully implementing the Research Plan. This extension maintained 1995 observer coverage requirements through 1996. In 1995, the Council asked NMFS to repeal the Research Plan in favor of a program that allowed direct payment for observer services as had been done in the past. This request initiated the analysis process to explore alternatives to the Research Plan. After hearing the Alternatives in April 1996, the Council determined that the information was not sufficient to make a decision and requested additional cost comparisons. However, since current observer coverage requirements expired on December 31 of that year, the Council adopted an alternative the authorized an interim groundfish observer program and superseded the Research Plan.

Analysis

A 44-page EA/RIR/IRFA was prepared to analyze two action alternatives and a status quo alternative. Two alternatives were included under the status quo alternative: 1) Reinitiate the fee collection program during 1997 as authorized under section 313 of the Magnuson Act so that the Research Plan may be fully implemented by 1998, or 2) Do not reinitiate the fee collection program so that the Research Plan expired at the end of 1996. Under Option 2, and analysts clarified that lacking further action by the Council to supersede the Research Plan by an FMP amendment under Alternatives 2 or 3, no observer coverage would be authorized for the Alaska groundfish fisheries in 1997 and beyond. Alternative 2 would revert back to the observer program as it existed before implementation of the Research Plan with an option to implement an interim observer program to supersede the Research Plan on January 1, 1997. A third alternative to establish a pay-as-you-go groundfish observer program was also considered, but was seen by many as inequitable, because although all participants in the groundfish, halibut, and crab fisheries benefited from the groundfish and crab observer programs, only those with observer coverage requirements bore the cost. The EA determined that none of the alternatives would significantly affect the quality of the human environment. The Council selected Alternative 2, Option 1 as its preferred alternative to authorize mandatory groundfish observer coverage requirements through 1997 and supersede the Research Plan.

Regulation Summary

BSAI Amendment 47 created an interim North Pacific Groundfish Observer Program that would expire December 31, 1997 or when superseded by a permanent observer program, and superseded the Research Plan. The amendments also clarified existing regulation requirements that the observer coverage requirements for CVs participating in the CDQ fisheries were in addition to the regular groundfish observer coverage requirements.

Results

The modified Observer Program was superseded by Amendment 86.